Introduction to Business Law- Assignment 1B Advise TLC Ltd. as to any possible action they may have for misrepresentation against answer Ltd. _____________________________________________________________________ Treitel in The Law of Contract (2003) defines a contract as: “An agreement giving rise to obligations which are enforced or recognised by law. The factor which distinguishes contractual from other legal obligations is that they are based on the agreement of the contracting
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CHAPTER EIGHT MISREPRESENTATION A misrepresentation is an untrue statement‚ which induces the other party to enter into the contract. A misrepresentation may be fraudulent‚ negligent misstatement‚ or wholly innocent. The applicable remedy depends on the nature of the misrepresentation. In order for a representation to amount to an actionable misrepresentation it must be: a) false; b) one of fact as oppose to intention‚ opinion‚ or law; c) The statement must be addressed to the party who
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Contract Law Assignment Advise Grab From looking at the facts laid out by Grab regarding the purchase of a sandwich shop‚ it seems that the most likely action is that of misrepresentation. A misrepresentation is defined at common law as "a statement of fact made by one party to the other party‚ which is false. While not necessarily forming a term of the contract‚ is yet one of the main reasons which induces the one party to enter into the contract" and is supported by the Misrepresentation Act 1967
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Misrepresentation A false statement made to induce a party to enter into a contract. Misprepresentation -- if proved -- renders a contract voidable (see: VoidableContract). Three (perhaps four) factors must be established to succeed in a claim of mispresentation. (i) there must be an unambiguous false statement of existing fact (or perhaps law); (ii) it must be addressed to the party misled; (iii) it must induce the contract; (iv) (perhaps) it must be material‚ that is‚ one which would induce a
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In the recent past‚ law enforcement in various parts of the world has come under serious threat from different types of media. In the United States‚ law enforcement agencies argue that their work is greatly affected by the misrepresentation made by the electronic‚ print‚ and social media (Colbran‚ 2014). They fear that in the contemporary world‚ social media platforms such as YouTube‚ Facebook‚ and Twitter are negatively affecting their work and playing a major role in the rising cases of violence
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The United Arab Emirates and English laws may be viewed similar regarding the case of misrepresentation since they serve the same purpose. However‚ they vary in both theory and practice. There are numerous perceptible differences that need to be described which include variation in definition and application of misrepresentation and cancellation of a contract. To start with‚ the term misrepresentation is defined by the UAE law differently than the English law. According to article 185 of the Civil
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Misrepresentation Misrepresentation is a concept in contract law referring to a false statement of fact made by one party to another party‚ which has the effect of inducing that party into the contract. For example‚ under certain circumstances‚ false statements or promises made by a seller of goods regarding the quality or nature of the product that the seller has may constitute misrepresentation. A finding of misrepresentation allows for a remedy of rescission and sometimes damages depending on
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does not amount to misrepresentation‚ how if‚ it is to a known defects? Discuss by using case law to support your answer. Misrepresentation is defined as a false statement of existing facts or laws‚ which materially induces the misled party to enter into the contract. This is a pre-contractual statement‚ which is not part of the contract. However‚ these non-contractual statements can be classified as mere puffs (sales talk) or misrepresentations. For a misrepresentation to be actionable‚ the
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is whether or not there is fraudulent misrepresentation. And whether or not there is the legal contract. At the same time‚ whether or not the oral evidence rule it included. And it have whether or not the consumer guarantee. Rule- Fraudulent misrepresentation Fraudulent misrepresentation occurs when one makes representation with intent to deceive and with the knowledge that it is false. According to Andy and Douglas1 .An action for fraudulent misrepresentation allows for a remedy of damages and rescission
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NAME: FIN NO.: BATCH NO.: MODULE: BUSINESS LAW LECTURER: MR MAHADEVAN LUKSHUMAYEH Question: In early 2013‚ Beauty property developer negotiated with Stylish over a new house in the eastern sector of Singapore. Beauty and Stylish had various meetings about the cost and finish of the house. At one of their meetings‚ Stylish asked Beauty whether the price of the house included curtains‚ blinds and window coverings. Beauty explained that all window coverings were provided for in the contract
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