relationship” between the representor and the representee. 2. The representation in question must be untrue‚ inaccurate‚ or misleading. 3. The representor must have acted negligently in making said misrepresentation. 4. The representee must have relied in a reasonable manner‚ on said negligent misrepresentation. 5. The reliance must have been detrimental to the representee in the sense that damages resulted. Analysis: The court dismissed the case since there was no duty of care based on the facts Significant
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Void and voidable A contract that is "void" cannot be enforced by either party.‚ The law treats a void contract as if it had never been formed. A contract will be considered void‚ for example‚ when it requires one party to perform an act that is impossible or illegal. A "voidable" contract‚ on the other hand‚ is a valid contract and can be enforced. Usually only one party is bound to the contract terms in a voidable contract. The unbound party is allowed to cancel the contract‚ which makes the contract
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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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For a contract to be legally binding all of the following elements must be present. If one or more is absent the contract will be considered invalid or void. The first element of the contract is Offer and Acceptance. For a contract to be considered valid one party (the offer) must make an offer to another party (the offeree). Before an offer is accepted it must be communicated to the offeree. A offer is immediately made into a contract when the offeree accepts the offeror’s tender. An offer can be
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The issue is whether Jane can disaffirm the contract and demand that Midtown Toyota return her $3‚500. The specific issue is whether Jane made a false and fraudulent misrepresentation of her age when she entered into the contract with Midtown Toyota to purchase the vehicle. The court would likely find that Jane did not fraudulently misrepresent her age. Additionally‚ as a minor‚ Jane had no duty to read the contract she entered into with Midtown Toyota. The court would likely find that Jane did not
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AB1301 Business Law 2012/13 Semester 1 TABLE OF CONTENTS CHAPTER 3: OFFER AND ACCEPTANCE ........................................................................................... 1 3.1 Offer ........................................................................................................................................... 2 3.2 Acceptance ................................................................................................................................ 3 3.1 Electronic
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our collective sense of right and wrong by providing that someone who creates harm should make things right by compensating those harmed II. Classification of Torts * In the US‚ torts are classified as intentional‚ negligent‚ or strict liability. * Negligent Torts occur when the defendant acts in a way that subjects other people to an unreasonable risk of harm * Strict-Liability Torts occur when the defendant takes an action that is inherently dangerous and cannot ever be
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development…………………………………………………………………..4 III. Comparative law and conflict of laws 1. Comparative law………………………………….…………………….………………..4 2. Conflict of laws………..…………………………………………..………………………5 IV. Types of torts 1. Intentional………..………………………………………………………………………....5 2. Negligent torts……………………………………………………………………………..6 2.1. Comparative or contributory negligence…………………………….7 3. Strict liability torts……………………………………………………………………….7 4. Business torts………………………………………………………………………........7 V. Causation and damages. Immunity 1
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References: * Cheshire‚ Fifoot & Furmston ’s Law of Contract * Duhaime‚ Lloyd‚ Contract Law‚ Part 5: Mistake‚ Rectification & Misrepresentation * Duhaime‚ Lloyd‚ Legal Definition of Deceit * Halsbury ’s Laws of England‚ 4th Reissue (2003)‚ Volume 31 on Misrepresentation and Faud * Misrepresentation Act 1967‚ Statutes of 1967 (UK)‚ Chapter 7
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the swimming pool in the back yard was adjacent to a public park. The Court here held that a real estate agent owes a duty of care to a purchaser with respect to the information supplied about the property. Pincus J found that the agent had been negligent in respect of the information relating to the property and that the vendors‚ as principal were vicariously liable for the acts of their agent under the general law‚ because he found that the agent was acting within the authority of the vendor‚ at
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