LST5CCL Assignment Cover Sheet Student Name: Ngoc Ha Do Student Number: 17262879 Name of Tutor: Tutorial Day and Time: Monday at 4pm Date of Submission: 27/04/2015 Question 1: The legal issue involved in this case is whether a valid contract is formed between Anna and Barry 's Car Sales Pty Ltd (the company). To determine the validity of a contract, four essential elements must exist in the agreement: intention to create legal relations, a valid offer and acceptance; consideration and certainty of terms. The first element to consider is the intention to be legally bound between parties. The fact shows that Anna needed to buy a car which the company wanted to sell. Furthermore, they already made and signed in the contract. …show more content…
Question 2A: The issue is whether Anna has been deceived with the true condition of the car by the Company’s fraudulent misrepresentation. Under the common law, fraudulent misrepresentation is made by one party to another; the statement is made with a lack of belief in its truth; the intention of inducing the other party to enter into the contract; the statement results in damage to the innocent party. First and second element, the statement made by the representor (the company) to the representee (Anna) lacks their belief in its truth. It includes false statement of existing fact, dishonest statement of opinion and a statement that is a half-truth. False statement of existing fact is a discrepancy between the facts as proven and the statements made by the representor. The figure showed in the odometer (75,000 km) is far different from what is recorded in the service details (175,000 km). It shows that the company deliberately wound the odometer back to create false impression to the buyer that the car was not much used. In perspective of Anna, the dealer made a dishonest statement of opinion when he praised the car as "the best one of the lot". He should know that the fleet car that already ran for 175,000 km within 3 years couldn 't be in the best
Cal. Bus. & Prof. Code § 17500 states, “it is unlawful for any … corporation … to … disseminate … any statement … which is untrue or misleading.” “Untrue” is defined as “factual misrepresentations” (compared to “puffery”). Williams v. Gerber Prods. Co., 523 F.3d 934, 939 (9th Cir. 2008).
The evidence showed that the contract to purchase appellant’s business and the promissory note were signed only by Joe Alexander on behalf of the corporation. Harris’ wife testified that appellees were not present when the contract was signed.
This midterm has four pages and there is one long case question. You will have one
In court, Ramos claimed that there was never an agreement to arbitrate because the purchase of the vehicle was negotiated in Spanish and the Spanish version of the contract failed to include any arbitration language. Ramos argued there was fraud in the inducement of the contract because the arbitration clause was hidden in the English version of the contract. Ramos further argued that his failure to receive an accurate Spanish version of the contract violated Section 1632, California Civil Code. Ramos also claimed the arbitration requirement was unconscionable.
Danny Davidson sold a single family home to Paul and Priscilla Peterson. A long-term relationship between Danny and Paul is the basis for not including a written agreement. The simple contract was made orally and only included the legal object and the amount to be paid. Danny did not disclose a dispute with his neighbor over boundary lines or include information about a soil subsidence in the front yard he claims not to have known about.
Welcome to TOP Education and TLAW201 COMPANY LAW. This document provides you with information relevant to successful completion of this unit; including schedule of lecture topics, prescribed texts, assessment policies, assessment tasks, examinations, academic and administrative contacts and online learning support facilities.
Subsection (a) does not apply to Defendant, my client, because despite the fact she completed a false statement, the statute goes on to additionally state;
This is when a trader made a false statement of a product or service but believed that the statement was true. Example of this would be a trader saying that the phone is water proof but it real isn’t. this would be deliberately done, so to make it fair the court would say the contract would have to be
The important facts regarding Ron D. Meyer versus Race City Classics, LLC are as follows: Mr. Meyer a lover of classic cars came across a 1970 Ford Mustang on the classic cars website being sold by Race City Classics, LLC, a North Carolina based company. Mr. Meyer initiated contact with Mr. Thomas D. Alphin, one of the owners in order to purchase this classic car. All transactional discussions were made by email or telephone. A price of $21,000 was agreed upon, in addition to the shared expense of having the vehicle shipped to Nebraska, which is Mr. Meyer’s state of residence. Mr. Meyer purchased this vehicle solely to enter it into car shows. Funds were wired to Race City Classics, LLC and the vehicle was delivered.
Misrepresentation: Misrepresentation is where there is a false statement in the contract which is made by one of the parties to the
A misrepresentation is a statement or a claim made by one to another that can either be misleading or false. This can happen not only is written contracts or contracts but also verbally, it can be as simple as when a person is talking to another and has provided them with information that is incorrect. For a business it is illegal or unlawful to be involved or make any statements in matters that can be mislead or misinformed or is likely to be mislead or misinformed to its customers or other businesses. The following can be classified as being misleading, the failure to disclose relevant information, predictions, opinions and promises. The conducts for the misleading or miss informing whether by action or statement includes advertising, any form of statements, promotions, quotations and by any representation made by a person.2 A form of misleading information or deceptiveness can be in the form
Misleading is giving a wrong impression or lead toward a wrong conclusion, especially by intentionally deceiving. In this article, the author Casey Junkins talk about the disappointment of students being misled and convinced the West Virginia Business College they attend, will remain open.
Vic is awarded $200,000.00 at trial. Gekko pays $100,000.00 in accordance with Donna’s auto policy coverage, and
that the document did not appear to be contractual. In D J Hill and Co
If the statement turns out to be a false one, a claim for misrepresentation may be brought against the representor by the representee. The courts govern this area of the law through the Misrepresentation Act 1972 South Australia and the relevant common law that has developed since the Act’s inception. (Legislation,1991) If the courts find the existence of an actionable misrepresentation, which could be fraudulent, negligent or innocent, there are a number of remedies available, including financial compensation and