ipl-logo

Essay On Misrepresentation In Contract Law

932 Words4 Pages

The aspects of Misrepresentation in contract law

Misrepresentation is a false statement of fact and law, which induces the represented to enter a contract. When a statement has been made during the course of negotiations it is then classes as a representation rather than a term an action for misrepresentation may be available where the statement turns out to be untrue.
In misrepresentation has there different of types.
• Innocent misrepresentation
• Negligent misrepresentation
• Fraudulent misrepresentation
To find a misrepresentation is to find if the contract is voidable. The contract exists but may be set aside by the representee. Misrepresentation generally consist of rescission and or damages.

Innocent misrepresentation
Innocent …show more content…

The various categories of Mistake in contract law.

There are 3 categories in contract law mistakes.

• Common mistake Where both parties make the same mistake.

• Mutual mistake where the parties are at cross-purposes.

• Unilateral mistake where only one party is mistaken.

Common Mistake

The parties appear to be in a agreement but have entered into the contract under the same misapprehension. Such mistakes are fundamental to the contract. For a common mistake to be operative the mistake must go to the root of the contract .The fundamental purpose of the agreement between the parties.

Common Mistake
When there is a misunderstanding between the parties to each others intentions , that they are said to be at cross-purposes. The mutual mistake negates consent and therefore no agreement it said to have been formed at all.

Unilateral Mistake
A unilateral mistake is where only one party is mistaken and the other party knows about it and takes advantage of the error. A unilateral mistake also negates consent and the existence of an

Show More
Related
1293 Words | 6 Pages

The breach of fiduciary duty commonly includes three elements: (1) the existence of a duty arising from a fiduciary duty; (2) a failure to observe the duty; and (3) an injury resulting proximately from the breach. Id. The fiduciary duty commenced when (a) Topcat and Tripper signed their representation contract. Topcat failed to observe the duty when he did not disclose his stake in AND1, as well as, (b) when he forced Tripper, who was just out of a grueling training session, to sign the endorsement contract with AND1, which Topcat knew contained poor “must wear” and Morals clauses. In Hernandez v. Childres, where agent received a commission for pushing his clients to invest in a tax shelter, the court found a breach of fiduciary duty because the agent failed to disclose his financial interest in the tax shelters to his clients.

Read More
505 Words | 3 Pages

An example of this is when Mary warren was willing to help John Proctor prove that Abigail and there rest of the girl were making false accusation. But then all of a sudden she betrayed John by saying that it was true then accused John. Corroborate- An example of this is when Elizabeth supported the decision of John going to hang on a false statement. The direct statement was Dissembling – An example of this in the Crucible is when Abigail lied about the spirt of Marry Warren was chasing her with claws in the middle of

Read More
438 Words | 2 Pages

Moreover, the fact that this case was not over turned even though it was recognized as a gross mistake is interesting in itself. Forty years after the fact in the case of Korematsu v. United States, 584 F.supp. 1406 (N.D. Cal. 1984), Korematsu’s writ of coram nobis was granted. A writ of coram nobis allows a court to correct the error of fact in an original judgment. This eradicated Korematsu’s previous conviction.

Read More
328 Words | 2 Pages

Lying with Good Intentions There are many times when lying is the best option, the act is reasonable as long as it’s justified. Similar to Ericsson’s experience in her essay “The Ways We Lie”, telling the truth isn’t always possible. When a person receives a notification for a late fee, the first instinct is to find a way out of the situation with a lie. Knowing that the bill has yet to be paid, the lie is easier than facing the repercussions of the truth. According to Ericsson, “I discovered that telling the truth all the time is nearly impossible” (1).

Read More
666 Words | 3 Pages

Then there is informal miscue and that is when the teacher is listening to the children reading. Teachers must know based on what they are doing what kind of materials they will need for their

Read More
1065 Words | 5 Pages

This lying and deception is happening in the world people live in today. For example when the American government lied to their citizens about their place in the Vietnam war, they were told that the war was going well in their favor and how they will be victorious even though they were not. Once the real reports were leaked, people were outraged because they were lied to and misled, they supported a cause which was morally wrong. This could happens on a smaller scale too, you may have lied to a friend or family member about something and once they had found out what had happened and how you lied to them, it may be hard to tell them your

Read More
1085 Words | 5 Pages

Fed. R. Crim. P. 52(a). Similarly, in Mathenia, the 11th District held that “a non-constitutional error is harmless if, viewing the proceedings in their entirety, a court determines that the error did not affect the sentence, or had but very slight effect. If one can say with fair assurance that the sentence was not substantially swayed by the error, the sentence is due to be affirmed even though there was error.” United States v. Mathenia, 409 F.3d 1289, 1290 (11th

Read More
224 Words | 1 Pages

Deception is the action of deceiving someone. However it is a trick or scheme used to get what you want. Deception is perhaps the oldest of all the techniques by which the weak, untruthful, under-minded, have protected themselves against the strong. Through the ages, at all stages of sentient activity, the weak have survived by fooling the strong.

Read More
775 Words | 4 Pages

For instance, a simple mistake

Read More
672 Words | 3 Pages

Most of the errors made are the use of a wrong word. Lunsford believes “these wrong words come from the advice given by the

Read More
1295 Words | 6 Pages

Deception comes in many forms and can be seen in all kind of ways but mainly when someone purposely causes someone to believe something that isn 't true to gain a personal advantage. Many authors use this tactic in their plays books and other literary work like in the play Hamlet by William Shakespeare, the author uses the technique of deception to mislead Claudius, Gertrude, himself, Ophelia and his friends Rosencrantz and Guildenstern to spare their feelings and to carry out a crime. Hamlet uses deception throughout the novel, but one way is to distract everyone from his true intention which is to gather information against Claudius to prove he killed his father. Shakespeare contributes all this back into his work by making each character in the play enact on some form of deceit to uncover the obscure truth.

Read More
813 Words | 4 Pages

The term negligence defined by Baron Alderson negligence means: “Omission to do something which a reasonable man guided by that consideration which regulate conduct of human affairs would do, or doing something which a reasonable

Read More
1666 Words | 7 Pages

Men make laws to instill order in a society and prevent chaos in any shape or form. Naturally, laws will always be somewhat unjust because it is impossible to consistently construct laws that directly and equally benefit all members of a society. There will always be a majority that makes the laws and a minority that has to obey the laws. Although laws are usually the standard of morality by which we live by, they must be disobeyed in certain situations. These situations are, but not limited to, an undemocratic formation of aforementioned laws, laws that are inherently unjust according to human law which can be synonymous with God’s law.

Read More
744 Words | 3 Pages

These mistakes are realized only when you go through the same situation as you made them go through. This is necessary to happen as this is when you actually realize your mistake and you know that you will never repeat the same mistake again, as you have also felt the same pain and know the exact consequences of the mistake. Another example of a mistake that hugely affected the people was of the great depression which took place in America. The outcome of living happy go lucky and purchasing things with no cash brought about a sudden fiasco.

Read More
979 Words | 4 Pages

Introduction “The term ‘misleading advertisements, is an unlawful action taken by an advertiser, producer, dealer or manufacturer of a specific good or service to erroneously promote their product. Misleading advertising targets to convince customers into buying a product through the conveyance of deceiving or misleading articulations and statements. Misleading advertising is regarded as illegal in the United States and many other countries because the customer is given the indisputable and natural right to be aware and know of what product or service they are buying. As an outcome of this privilege, the consumer base is honored ‘truth in labeling’, which is an exact and reasonable conveyance of essential data to a forthcoming customer.”

Read More

More about Essay On Misrepresentation In Contract Law

Related Topics

Open Document