Europe

Article 4.106 (ex art. 6.106) - Incorrect information 226

A party who has concluded a contract relying on incorrect information given it by the other party may recover damages in accordance with Article 4.117(2) and (3) even if the information does not give rise to a right to avoid the contract on the ground of mistake under Article 4.103, unless the party who gave the information had reason to believe that the information was correct. 227

Article 4.107 (ex art. 6.107) - Fraud 228

1.A party may avoid a contract when it has been led to conclude it by the other party's fraudulent representation, whether by words or conduct, or fraudulent non- disclosure of any information which in accordance with good faith and fair dealing it should have disclosed. 229

2. A party's representation or non-disclosure is fraudulent if it was intended to deceive. 230

3. In determining whether good faith and fair dealing required that a party disclose particular information, regard should be had to all the circumstances, including: 231

• whether the party had special expertise; 232
• the cost to it of acquiring the relevant information; 233
• whether the other party could reasonably acquire the information for itself; and 234
• the apparent importance of the information to the other party. 235