Contract Law Misrepresentation and Breach of Contract Essay.
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. Don't use plagiarized sources. Get Your Custom Essay on Contract Law.
Poole: Contract Law Self-test questions and answers. Test yourself by downloading the questions first; then download the sample answers. Questions. Agreement and certainty (PDF, Size: 16KB) Agreement problems (PDF, Size: 14KB) Enforceability of promises - Intention to create legal relations, consideration, promissory estoppel and duress (PDF, Size: 17KB) Terms and breach of contract (PDF, Size.
A misrepresentation is an untrue statement of fact made by one party to the other, which induces and misleads that party to enter into a contract. Misrepresentation must be of fact, not of opinion or intention. Silence in itself can be regarded as a misrepresentation. Similarly, the truth but not the whole truth can be a misrepresentation.
Question: (LLB Contract Law 1st Year 75%) To what extent does the law provide sufficient protection for those who enter into a contract with a person who, through age, mental illness or intoxication, may be said to lack the capacity to make a binding agreement? Answer: This essay addresses the issue of capacity as one factor that must.
A claim for misrepresentation arises where one party to a contract (the representor) made an untrue statement of fact that induced the other (the representee) to enter into the contract. Claims for misrepresentation are governed by both the common law and the Misrepresentation Act 1967.
In common law jurisdictions, a misrepresentation is an untrue or misleading statement of fact made during negotiations by one party to another, the statement then inducing that other party to enter into a contract. The misled party may normally rescind the contract, and sometimes may be awarded damages as well (or instead of rescission). The law of misrepresentation is an amalgam of contract.
Negligent Misrepresentation in an Employment Contract October 1, 1998 By Brian P. Rurka After 14 years of service with his employer, Norman was having coffee with Albert, a co-worker, and was surprised when Albert told him that the co-worker had been allowed to purchase back some of his years of service in England before commencing employment in Canada.