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
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Pauls actions contributed to misrepresentation‚ if yes what remedies are available to Jenny • Are there any arguments available to Paul as it relates to counter claiming the action of misrepresentation brought against him Rules • A misrepresentation is a false statement of fact‚ inducing another to enter into a contract. There are different types of misrepresentation. Fraudulent misrep‚ negligent misrep and innocent misrep. • A fraudulent misrepresentation is found where the representor
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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
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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
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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
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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
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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
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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
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Chapter 9.4 Yes! Because in the State that this contract is performed under‚ Winkel is entitled to the profit share bonus. The original written contract states nothing about the raise or profit-share. Unfortunately because FHC went into an oral modification of the written contract which is permitted in the State‚ FHC must hold to its oral obligation. Chapter 10.7 Andrus wins. Where‚ shortly before expiration date of fire insurance policy with no provision for renewal‚ insurance agent sent
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Ethical Misrepresentation One might argue that misrepresentation of academic credentials as demonstrated by Marilee Jones‚ the dean of admissions at the Massachusetts Institute of Technology (Lewin‚ 2007) and a lie are not the same thing. She knowingly falsified information and suppressed it for several years; this is an ethical misrepresentation of epic proportions. When people misrepresent skill sets or academic accomplishments to achieve certain goals‚ they chose to play an ethical game of
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