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CHAPTER 4 Misrepresentation

Law of Liability Insurance

Page 23



4.1 Flawed consent

If the consent of either party is sufficiently flawed, a contract is void or voidable, as the case may be. Consent is void if one party is fundamentally mistaken about the subject-matter; in practice, the possibility of a void contract is theoretical because operative fundamental mistake at the time of contracting is uncommon in liability insurance.

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