Innocent Misrepresentation Case Study

Good Essays
This case is an example of Innocent Misrepresentation. The seller is W. F. Yost of Red Barn Barbecue Restaurant. Yost committed an Innocent Misrepresentation. Even though he tried to fix most of the violations, but there are still 52 health code violations that were left. According to Cheeseman, “an innocent misrepresentation occurs when a person makes a statement of fact that he or she honestly and reasonably believes to be true even though it is not” (Cheeseman, 2013 page 226). Yost taught that he fixes all violation that was given to him and gave an assurance that “the premises will pass all inspections”. Also, he committed unilateral mistake according to Cheeseman Unilateral mistake “is a mistake in which only one party is mistaken about

You May Also Find These Documents Helpful

  • Satisfactory Essays

    Misrepresentation

    • 724 Words
    • 3 Pages

    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 Code, UAE defines misrepresentation as “Misrepresentation is when…

    • 724 Words
    • 3 Pages
    Satisfactory Essays
  • Good Essays

    Innocent Drinks Case Study

    • 1127 Words
    • 5 Pages

    and Adam Balon founded the innocent drinks in 1998. All the three were in their respective fields of work and working for different companies after they graduated in 1994. Reed worked for an advertising agency, while Balon and Wright worked for different management consultants. The three friends always had an idea about starting a company of their own and in 1998 they founded the innocent drinks after an intense market research and testing their product. THE EARLY INNOCENT Reed, Balon and Wright organised…

    • 1127 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Innocent is the market leader in the £171 million smoothie market in the United Kingdom where it has a mammoth 71 percent market share. It started off very unconventionally when three entrepreneurs namely Richard, John and Adam started selling their smoothies at a Music festival in London and for feedback asked its customers to dispose their cups into two boxes “Yes” and “No” to help determine if they should quit their jobs to sell smoothies. With an overwhelming response to this experiment the…

    • 818 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    Misrepresentations

    • 65 Words
    • 1 Page

    I also agree with your position Alicia. Comment 1 of rule 4.1 states that "misrepresentations can also occur by partially true but misleading statements or omissions that are the equivalent of affirmative false statements." If the lawyer failed to disclose this information it could be considered as misleading and/or omission, which can lead to disciplinary actions. I also think Erica points out some great…

    • 65 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    Actionable Misrepresentation

    • 3020 Words
    • 13 Pages

    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…

    • 3020 Words
    • 13 Pages
    Good Essays
  • Powerful Essays

    Misrepresentation in Law

    • 3284 Words
    • 14 Pages

    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…

    • 3284 Words
    • 14 Pages
    Powerful Essays
  • Satisfactory Essays

    In today’s society, the image that is thought to be ideal is not necessarily the image that is ideal. There is a growing problem in the misrepresentation of people in the world and it influences the lives of everyone. From a very young age people are taught, whether it be overtly or subconsciously, that there is an ideal image that must be obtained so that they can fit in with the high-standards that society has set. In the films, Miss Representation and The Mask You Live In, both try to address…

    • 150 Words
    • 1 Page
    Satisfactory Essays
  • Satisfactory Essays

    observe and practice the tradition, that will automatically becomes part of that person. Therefore, not all men in this society can see where a lady is being misrepresented and ignore it, unless there is evidence to prove that there is no form of misrepresentation of lady; else, police has to be called. I saw on Facebook where a man was posting pictures of a lady and abusing the lady online, telling people that the lady was a criminal; and if the lady comes in contact with anyone online, such a person…

    • 216 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    The Innocent Drinks Case Study The Present Innocent Drinks was founded in 1998 by a group of people that, first and foremost, wanted to work together. The specific idea rose from that desire, and the way that the 3 founders of Innocent Drinks work together is a key aspect to understand how the company’s decision making process works, and how the company got to where it is. After 6 years of existence, Innocent Drinks is at a crossroad. The three founders of the company need to choose if they are…

    • 1024 Words
    • 5 Pages
    Good Essays
  • Satisfactory Essays

    In a December 28, 2016, Minnesota Supreme Court Ruled that an employer can deny a former employee unemployment benefits if their termination resulted from a misrepresentation on their job application. In a MPR News article, Bob Collins recounts the story of Nina Wilson, a woman who worked at a mortgage services company before she was fired for lying about her educational level. After five months of employment, the company issued a background check of Wilson and found no evidence that she had ever…

    • 254 Words
    • 2 Pages
    Satisfactory Essays