The case between Beauty and Stylish involves concept of a valid contract‚ pre-contractual statements‚ express term and misrepresentation. A valid contract is established between Beauty and Stylish when an offer is accepted and there is intention for both parties to create legal relations. An offer refers to the expression of willingness of the offerer to be contractually bound by an agreement if his or her offer is properly accepted. It has to be clear and certain in terms. It must also be communicated
Premium Contract Misrepresentation
Business Law assignment In early 2013‚ Beauty- a property developer and Stylish- their customer have a contract over a new house in the eastern sector of Singapore. The house was completed in late 2013. Stylish isn’t happy with the contract because blinds‚ curtains and other window coverings were not provided in the new house. In this research paper‚ we will advise and discuss about Stylish’s contractual rights in relation to the window coverings. Firstly‚ we need to see if this contract is valid
Premium Contract Misrepresentation Contract law
After careful reviewing of the information provided by our firm‚ Mr. Plex along with the consortium decided that it is best if the firm conducted a random sample of 100 patrons and analyze the results. In turn‚ the sample revealed that 6 out of the 100 patrons surveyed agreed with Tommy and resented the ads. It only makes sense because if the sample were to have bigger numbers‚ you would see that there are a lot more people that resent the ads as well. Now‚ with that being said‚ if instead‚ 300 patrons
Premium Contract Tort Misrepresentation
the notification‚ etc. Misrepresentation and Fraud * Relationship between Misrepresentation and Fraud * Misrepresentation: assertion that is not in accord with the truth * Can be “innocent” or “fraudulent” * Innocent: not intentionally deceptive * Fraudulent: made with knowledge of falsity and intent to deceive * Either one can give the complaining party right to rescind contract * Fraud: type of misrepresentation that is committed knowingly
Premium Contract law Tort Misrepresentation
Section A Question 1) a) In the case of Donohue v Stevenson[1]‚ Donohue won the case. The ratio decidendi in the case was that the liability of negligence did not depend on the contractual relationship and that Stevenson owed the duty of care to Donohue as a manufacturer‚ not to cause foreseeable injuries to the users of the products. As there was an owed duty‚ Stevenson failed to practice the appropriate standard of care and in turn‚ the negligent act had caused the injuries to Donohue. Therefore
Premium Contract Contract law Tort
12 Accountant’s Liability to Third Party Table Of Contents Introduction 2 The Ultramares Doctrine 3 Foreseen Users 5 Auditors Defenses against Third Party Suits 8 The Impact of the Doctrine 10 Conclusion 11 References 12 Introduction This purpose of this research paper is to provide information about the importance of accountant’s liability to third party. In 1931‚ the case of Ultramares Corporation v. Touche brought about
Premium Balance sheet Tort Misrepresentation
CONTRACT PORTFOLIO PART 1 Tutorial 1 – Privity 1) Examine the Privity rule and its relationship with the rules on consideration. Privity is where someone not a party to a contract can be liable under neither it nor benefit from it. There has to be a promise from the party also some consideration. It is stated in the book 19th Century according to Richards that privity’s modern authority has been through the case of Dunlop v Lambert. In Dunlop v Selfridge[1] where there was a contract between
Premium Contract Misrepresentation Contract law
Mr. Jarvis was a solicitor for Barking Council. He chose to go for Christmas holiday in Switzerland. He got a brochure from Swan Tours Ltd‚ which for Mörlialp‚ Giswil said the attractions were‚ "House Party Centre with special resident host. ... Mörlialp is a most wonderful little resort on a sunny plateau ... Up there you will find yourself in the midst of beautiful alpine scenery‚ which in winter becomes a wonderland of sun‚ snow and ice‚ with a wide variety of fine ski-runs‚ a skating rink and
Premium Corporation Misrepresentation Breach of contract
Chapter 12 Legal Value * Promise to do something that one has no PRIOR legal duty to do. * A performance of an action that one is not obligated to do * Refraining from an action that one has a legal right to do (forbearance) Rescission- the opposite of forming a contract‚ and bring the parties to the positions they occupied before the contract was made Past consideration- no consideration or a promise to give another something of value in return for goods or services rendered and
Premium Law Contract Contract law
Introduction to Business Law- Assignment 1B Advise TLC Ltd. as to any possible action they may have for misrepresentation against answer Ltd. _____________________________________________________________________ Treitel in The Law of Contract (2003) defines a contract as: “An agreement giving rise to obligations which are enforced or recognised by law. The factor which distinguishes contractual from other legal obligations is that they are based on the agreement of the contracting
Premium Contract