Monday, November 18, 2019

Advise Peter and Anna with regard to the law relating to Essay

Advise Peter and Anna with regard to the law relating to misrepresentation - Essay Example The available remedy depends on the misrepresentation. The remedies mainly entail either rescission or payment or both of the losses incurred by the claimant as a result of misrepresentation. The right of rescinding the contract may, however, get lost in some instances. The law dealing with misrepresentation is found mainly in the common law with misrepresentation Act of 1967. Peter and Anna have entered in a contract with Neil and misrepresentation aspect is revealed. The document analyzes the possible measures that Peter and Anna can take to make sure that justice on their side gets served (Stone 2009, p.54).   The misrepresentation act got developed to protect consumers from fraudulent or false claims that induce an individual into entering into a contract or buying something. It also gives a person who finds himself in such a situation to claim the damages or losses incurred in case of fraudulent misrepresentation. The misrepresentation law is a common law and statute’s amalgam. Fraudulent misrepresentation is one of the available misrepresentations. It incorporates any presentation that turns out to be untrue while the presenter gave the lie either knowingly, without its truth’s belief as well as just carelessly/recklessly. The plaintiff in return suffered some damages as a result of this presentation that was made by this presenter (Poole 2012, p.45).   The negligent misrepresentation, on the other hand, enables the claimant to claim against the defendant on the representation that the defendant had made. The claimant has to show that the negligent misstatement of the defendant had caused the claimant to incur some losses. The last misrepresentation is the innocent misrepresentation. It refers to a situation whereby a person may manage to offer reasonable grounds for believing that the defendant’s false statement was true. The innocent misrepresentation makes use of the following basic elements. The person must make a

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.