Contract Law Case Study

1462 Words6 Pages
The Business School | | Assignment Topic Due Date: Friday, noon, of week 8 Semester Two 2012 word count:1470 words 1.in this situation, first we need to identify if there is a legal binding contract, a contract is a agreement which the law will enforce, a contract is a part of common law, common law is also called custom law, it is made by the judge to protect the community against the crimes, when an issue goes to court and there is no statue law that covers it, a judge will hear the case and issue a verdict. the record of this verdict becomes a precedent so that when similar cases arise, other judges may take into account the penalty previously issues. previous judgements therefore form the basis for common law. it is case laws…show more content…
Malcolm relied on a misrepresentation by Georgia in entering a contract, he can * cancel the contract * sue for to compensate for any loss cancel the contract if Malcolm want to cancel the contract because of the misrepresentation, he must do this promptly when the misrepresentation is discovered, if he wait, he may lose this right. the right can also be lost if * he has in some way acted unfairly * he knows of the misrepresentation and of the entitlement to rescind, but do something which shows that he want to go on with the contract * he cannot restore the other party substantially to the position he was in before the contract was made. sue for damage Malcolm can sue for damages, the court will consider whether the statement was a misrepresentation, whether he relied on it in entering the contract, and whether he has sustained some loss as a result. Georgia may not be ordered to pay damages if Malcolm can prove either of the following * that he had reasonable grounds to believe and did believe the statement was ture * that someone else made the statement, for example an employee and the trader did not know and could not reasonably be expected to know that the representation hd been made or that it was untrue. Malcolm would choose between them based on his decisions, because there is a contract for the pet care service for Malcolm's pet, Georgia misrepresents
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