Scenario Jannah the buyer and Grace the seller of a clothing stall. Jannah wanted to buy 50 t-shirts of each 5 designs and colors she has chosen which are Blue‚ Red‚ Yellow‚ Green and White for an event that she has prepared‚ but since the stall didn’t have enough stock of the t-shirts Jannah ordered 250 t-shirts of different designs. Jannah and Grace made a contract wherein the t-shirts can be delivered in a later date. The contract was made on August 23’ 2016 and the date set for the t-shirts
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impaired by coercion‚ fraud‚ undue influence‚ misrepresentation and mistake. Without free consent‚ the contract can be voidable or void‚ depending on the circumstances. English | BM/Mandarin | Example | Effect on contract | Coercion | | | | Fraud | | | | Undue influence | | | | Misrepresentation | | | | Mistake | | | | 3. Difference between fraud and misrepresentation: Fraud (Section 17 of Contracts Act) | Misrepresentation (Section 18 of Contracts Act) | Fraud involves
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CERTAINTY OF CONTRACT There are two aspects to the issue of uncertainty. (1) The language used may be too vogue in which case‚ the court is likely to hold that there is no concluded agreement ‚ the contract is void for uncertainty. (2) Failure to reach agreement on a vital or fundamental term of an agreement. SECTION 30 1. Agreements‚ the meaning of which is not uncertain‚ or capable of being made certain‚ are void. * If A agrees to sell to B ‘a hundred tons of oil’ ‚ there
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capacity. Free consent that we talk is about misrepresentation whereas capacity is about her being a minor. “Free consent is one of the essential elements of a valid contract which provides that all agreements are contract if they are made by the free consent of the parties….” (Tulsian‚ 1998‚ p.53) “Capacity is legal power to enter into binding obligations or to enjoy the privileges of a legal status.”(Sinha & Dheeraj‚ 1996‚ p. 30) “…misrepresentation is a falsely made statement of material fact
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VOIDABLE CONTRACTS * COERCION * UNDUE INFLUENCE * FRAUD * MISREPRESENTATION * MISTAKE PREPARED BY: TEH GUAN HONG GM04795 NUR SYAHIRAH BINTI HUSAINI GM04674 SAMEENA BINTI SIRAJ GM04558 ASHTON GM04801 NALINI BALAKRISHNAN GM04634 COERCION Coercion‚ as an element of duress‚ is grounds for seeking the cancellation of a contract or deed. When one party to an instrument is forced against his or her will to agree to its terms the document can be declared void by a court. In
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company was justified in relying on the misrepresentation made by the insurance applicant in their application for insurance that their forty-eight-room lodging house in Worcester‚ MASS was protected by sprinklers‚ despite an earlier report in the insurer’s file indicating the absence of sprinklers. Rule of Law: The Massachusetts General Laws Chapter 175‚ §186 (Mass. Gen. Laws ch. 175‚ §186) states in relevant part: No oral or written misrepresentation or warranty made in the negotiation
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Tort of negligence Legal obligation on persons to exercise reasonable care not to cause harm to others in specified circumstances. In order to establish liability for the Tort‚ the victim has to show: 1. He is owned a duty of care by the tortfeasor; 2. The tortfeasor has beached that duty of care AND 3. The victim has suffered resulting damage Duty of care: The “Neighbor Principle” to establish whether or not a duty of care is owed in the context of the Tort of negligence. First one has to establish
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Question 1 How can graphics and/or statistics be used to misrepresent data? Where have you seen this done? Answer: It is a well known fact that statistics can be misleading. They are often used to prove a point and an easily be twisted in favor of that point. Statistics‚ graphics and database are used in medical field to approve‚ prove or disapprove theories‚ analysis and interpretation of ailments‚ medications and its impact and treatment and its effectiveness. As noted by Nursing Research (2011)/
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she was entering. As such there was misrepresentation of facts in the case‚ which makes it possible for her to demand a remedy for the misrepresentation of facts in her case (Lunney & Oliphant 2013). If she knew the true nature of the two books she would have purchased the James Roll book‚ but since she did not have the information that was correct she ended up purchasing the wrong book. This means the book attendant breached the contract by misrepresentation the true facts about the book. As such
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Void and voidable A contract that is "void" cannot be enforced by either party.‚ The law treats a void contract as if it had never been formed. A contract will be considered void‚ for example‚ when it requires one party to perform an act that is impossible or illegal. A "voidable" contract‚ on the other hand‚ is a valid contract and can be enforced. Usually only one party is bound to the contract terms in a voidable contract. The unbound party is allowed to cancel the contract‚ which makes the contract
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