loan from Large PLC‚ Bradley signs a contract that uses the house as collateral. Due to the failure of the business‚ Large PLC seeks to obtain the house on its terms. Bradley can defend his home from Large PLC by relying on undue influence‚ misrepresentation by Carlotta‚ equitable doctrine of unconscionable bargains‚ and statutory consumer protection. Legal issues in original scenario There is a legally binding contract between Bradley and Large PLC. An offer of a specific monetary loan was presented
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is whether or not there is fraudulent misrepresentation. And whether or not there is the legal contract. At the same time‚ whether or not the oral evidence rule it included. And it have whether or not the consumer guarantee. Rule- Fraudulent misrepresentation Fraudulent misrepresentation occurs when one makes representation with intent to deceive and with the knowledge that it is false. According to Andy and Douglas1 .An action for fraudulent misrepresentation allows for a remedy of damages and rescission
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Sylvie booked a holiday from a travel agent called Tours R Us which resulted in the formation of a contract between the parties. However‚ she experienced numerous problems after the booking. First of all‚ as Sylvie’s son was ill‚ she wanted to transfer the holiday booking to her nephew. However‚ the travel agent did not allow this transfer. Secondly‚ Tours R Us wanted an extra payment of £50 because of a fault in the computers of the travel agency after the booking process. These two incidents caused
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UNFAIR CONTRACT TERMS ACT Section 1 (3) In the case of both contract and tort‚ sections 2 to 7 apply (except where the contrary is stated in section 6(4)) only to business liability‚ that is liability for breach of obligations or duties arising from things done or to be done by a person in the course of a business (whether his own business or another’s)‚ and references to liability are to be read accordingly. Section 2 (1) A person cannot by reference to any contract term or to a notice given
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REPORT ON FRAUD SEC.17 INDIAN CONTRACT ACT 1872 Definition of contract: A contract is an agreement made between two or more parties which the law will enforce. Sec 2(h) defines contract as an agreement enforciable by law. Contract = An agreement + enforceable by law * According to Sir William Anson: A legally binding agreement between two or more persons by which rights are acquired by one or more to acts or forbearances (abstaining from doing something) on the part of the others.
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make. The first is to negotiate settlement money or defend the lawsuit. As a group‚ we will give our best knowledge of business law‚ statistics‚ and ethics to help Mr. Plex choose the ideal decision. First of all we will compare the fraud and misrepresentation of business law. Furthermore‚ we conducted tests on Hypothetical test and a Confidence Interval calculation. Lastly‚ under the ethics theory of cost-benefit analysis‚ justice vs. fairness and rights‚ we decided on the best action that Mr. Plex
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In this assignment I will be giving advice to Rick’s girlfriend on whether she has a legal right to return the laptop that Rick bought for her. I will be analysing whether a valid contract was formed and who it was formed with. As Rick’s girlfriend didn’t buy the laptop and is under the age of 18 she wouldn’t be able to return the laptop as there has been no contract formed with her. However we can assume that her boyfriend is over the age of 18 and as he bought the laptop this means the contract
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GOOD FAITH IN INSURANCE LAW Good Faith: A study Good faith is required in a wide range of situations‚ including contracts and business dealings‚ as well as during mediation‚ arbitration orsettlement negotiations in a personal injury or similar tort case. The good faith requirement also appears in business law. The officers and directors of a corporation are obligated by their fiduciary duties to act in good faith when dealing on behalf of the corporation. Although the phrase “good faith” may mean
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[pic] [pic] [pic] [pic] [pic] [pic] I wish to express my sincere appreciation to Mr. Raymond Kiptum‚ my tutor‚ for his patients‚ encouragements and individual counsel and my classmates who that helped me through with these Assignment tasks. □ ACKNOWLEDGEMENT……….. 2 □ TASK 1 INTRODUCTION……….5 ← Definition of Law ← Classification of Law & Classification of Civil Law
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← Promise to perform existing obligations P.34~36 ← Part payment of a debt P.37 ← Doctrine of promissory estoppel P41~43 ← Void and Voidable contracts P.56~57 ← Misrepresentation P.67~74 □ Fraudulent □ Negligent □ Innocent □ Consequences of misrepresentation □ Misrepresentation and exemption clauses Lecture 4 – Discharge of contracts and special contracts ← Discharge □ Frustration P.6~8 □ Breach P.9 ← Remedies P.10 ← Damages
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