Misrepresentation Essay

received confirmation via email (The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013). Capacity to contract is also present for the purchases made. This ascertains Alice will have protection by law for any misrepresentations made before entering in to the contracts or breaches made to the terms of the consumer contracts. Alice’s first problem involves the purchase of shoes. She reports the first time she wore the new shoes she took two steps and one of the heels

be rescinded by either party? The contract must be made under legal conditions Big Bank can use Misrepresentation as a defense because we told to Big Bank that “we never missed a conversion deadline.” But we failed to disclose that Systems Inc. has done only three conversations. Big Banks choose us among other companies because we are fast and they like fast. It was an innocent misrepresentation; however, because of this reason Big

The four year old van Bill brought from Arthur’s Cars ‘broke down twice in two weeks’ after purchase, this serves as evidence to the fact that the goods were not reasonably durable when they were supplied. Goods are satisfactory quality if they meet the standard that a reasonable person would regard as satisfactory, Section 14 (2B) of the Sale of Goods Act (as amended by the Sale and Supply of Goods to Consumers Regulations 2002) presents that durability is a factor to be considered in assessing

Assignment Cover Sheet Student name: Stephen Airey Student number: 3344301 Course convenor/lecturer: Mr Daniel Matas Course name: Business Law Course code: ZBUS8109 Assessment number: Final Exam Date submitted: 23 Jun 15 Assessment Task: See Moodle heading under exam period. I, Stephen Airey, affirm that the work in this assignment is solely my own other than where explicitly acknowledged to be otherwise. I assert that the preparation of this work has been completed in accordance with ethical standards

such as misrepresentation, will make it voidable and this is why underline the difference will be useful: a void contract is a contract invalid from the beginning (void ab initio) and it is treated as it never existed, instead, a voidable contract is a contract which is valid until has been set aside by the relevant party. We can now analyse the

Factors misrepresentation helps us point out the existence of a misrepresentation and is applicable in this case: First, a misrepresentation is a statement of fact; it is not a statement of law, intention, or inflated opinion of an adviser. Second, the statement must be false. Third, a party to the contract other reports, that on one side the other confusing. Finally, the representative shall be caused to the other party to the contract. It may be a case of Fraudulent Misrepresentation; Beauty

Identifying and Applying the Relevant Law The relevant law to this scenario is cases that concern unilateral error, misrepresentation and breach of contract. Unilateral error is applicable when one party only is mistaken about one of the essentials. There has been an agreement but not true agreement. This applies to the facts as Wilma has made a purely unilateral assumption that she is contracting with a man named Tam Tumshie, when actually she is contracting with a look alike named Septimus Meerkat

a statement of fact. As such, it satisfies the first requirement for an actionable misrepresentation. With regard to the query as to the colour of the service, C would probably argue that this was merely an opinion. The general rule, as stated, in Bisset v Wilkinson (1927) is that a statement of opinion, from a person who is not an expert, will not form an actionable misrepresentation. However, in Smith v Land & House Property Corporation (1884), it was stated that an

his business. He wants to rescind the contract because the package of software recommend by Carmine was obsolete, despite Carmine’s assurances. This problem is concerned with the contents of the contract which is term in the contract, the misrepresentation and unconscionable conduct. Charlie will claim that Carmine verbal assurances about the condition of the package of the software which recommended by Carmine was unable to utilise the Land Titles Office’s electronic lodgement of documents

Misrepresentation, waste, and manhandle in the social insurance framework are evaluated at $700 billion yearly. Prescient investigation offers government and private payers the chance to recognize and avoid or recoup such billings. This paper proposes an information driven technique for extortion location taking into account similar examination, misrepresentat-ion cases, and writing survey. Unsupervised information mining procedures for example, anomaly discovery are recommended as compelling indicators