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Law essays on misrepresentation



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life a divine gift essay - Misrepresentation Essays. A misrepresentation is a false statement of fact, inducing another to enter into a contract. Misrepresentation can take various forms, such as fraudulent or negligent, the latter falling under innocent misrepresentation and each carries with it particular rights to damages in court and different burdens of proof. According to Law of Contract misrepresentation refers to a false statement of past or present fact, not law or opinion, made by one party to another before or at the time of the contract concerning some matter or circumstance relating to it. A misrepresentation may be made fraudulently, negligently, or non‐negligently (innocently). According to article of the Civil Code, UAE defines misrepresentation as “Misrepresentation is when one of the two contracting parties deceives the other by fraudulent means by word or act which leads the other to consent to what he would not otherwise have consented to”; in English law, misrepresentation refers to “The issuance of a false statement or information which acts . writing and answering a claim in a research paper

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jean fort dissertation prize - May 09,  · In order for a representation to amount to an actionable misrepresentation it must be: a)false; b)one of fact as oppose to intention, opinion, or law; c)The statement must be addressed to the party who claims to have been misled;)it must be the chief reason which induced the other party to enter the contract. Dec 11,  · Misrepresentation is relating to many aspects in English law, both in contract and tort with a view to give an adequate twgigacirclecom.gearhostpreview.comresentation is a not a term of contract but a false statement of fact that induces the representee to enter into the contract and it must have been relied on. Misrepresentation is a contract law concept. It means a false statement of fact made by one party to another party, which has the effect of inducing that party into the contract. For example, under certain circumstances, false statements or promises made by a seller of goods regarding the quality or nature of the product that the seller has may constitute misrepresentation. essay+quotation from a book

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research paper on cellular technology - If shown to have occurred, a misrepresentation will allow the contract to be set aside by the representee (made voidable). This is an important aspect of contract law and will affect other areas of this module guide, so an understanding of this is important. There are several types of misrepresentation, each of which has effect as to the type of damages awarded and the . Jun 26,  · (Cheeseman, ) The Business Law states there are four elements of that must be used to prove misrepresentation or fraud has occurred. Those four elements are: The wrongdoer made a false representation of material fact. The wrongdoer intended to deceive the innocent party. The innocent party justifiably relied on the misrepresentation.5/5(10). Defining a misrepresentation. A misrepresentation is a form of statement made prior to the contract being formed. There are two types of statement that can be made before a contract forms, these will either: Form part of the contract. Not form part of the contract, therefore becoming a representation. Intention. thesis on fibonacci sequence

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high school graduation speech essay - In general, a misrepresentation is an unambiguous false statement of fact or law which is addressed to the party misled, which is material (although this requirement is debateable) and which induces the contract. Considering each possible representation in turn, firstly it needs to be analysed whether Nancy saying “You don’t need to worry/5(88). If so, is it actionable, and could you ascertain what type of misrepresentation has been made? Answer: The first issue is whether Lewis’ conduct could amount to a representation. It is clear from Curtis v Chemical Cleaning & Dyeing co Ltd that a misrepresentation need not be made verbally; it can be implied from the conduct of a party. In this case, the fact John promised he . Introduction This essay is going to discuss the elements required for fraudulent misrepresentation and if they are present in the situations of Mr Wheelie and Mr Spoke. Common law will be used to support Mr Wheelie’s intention of taking Mr Spoke to court. thesis research grant

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ged writing test essay - A misrepresentation is a misrepresentation of a statement of fact, not of general opinion and in that it influenced a person to enter into the contract and it is false. A fact must be something current and cannot be something in the future. One of the famous case of misrepresentation is the case of Bisset v Wilkinson () AC Misrepresentation Case Study. Law Essay Samples. Ryan () defines a contract as a legally binding agreement signed by two or more people with the intention of making it have a legal effect. In case of a breach of the agreement, the law will provide a solution. The contract between Shirley (the agent) and Stanly (the client) was void from the moment it was signed. Firstly, we need to distinguish an actionable misrepresentation from a non-actionable one according to whether it is an existing false statement of fact. Clearly the statement cannot be said to be a "mere puff" with no contractual intention which . antiquity restored essays on the afterlife of the antique

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business school essay books - Jun 26,  · Essays Related To An Essay on Misrepresentation Professional Practice Professional Practice Case Law Report Table of Contents Case description 3 Images related to the case Material facts of the case 4 Explanation of the legal areas outlined in the judgment 5 Tort Law Overview Negligence Nuisance (Private and Public) Duty of Care Analysis of the /5(10). Jan 08,  · The requirement of misrepresentation was subsequently maintained in Talmax case. These Law essays have been submitted to us by students in order to help you with your studies. * This essay may have been previously published on twgigacirclecom.gearhostpreview.com at an earlier date. Review this essay. Jul 09,  · In insurance law, misrepresentation is a misleading or false statement that if material and intentional, can permit the insurer to reject the insurance contract. The misrepresentation of black women can have an ongoing effect on . argumentative essay for high school

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child labor thesis - Contract Law Assignment Advise Grab From looking at the facts laid out by Grab regarding the purchase of a sandwich shop, it seems that the most likely action is that of misrepresentation.A misrepresentation is defined at common law as "a statement of fact made by one party to the other party, which is false. While not necessarily forming a term of the contract, is yet one of . Jan 26,  · Misrepresentation in Law Essay CHAPTER EIGHT MISREPRESENTATION A misrepresentation is an untrue statement, which induces the other party to enter into the contract. A misrepresentation may be fraudulent, negligent misstatement, or wholly innocent. The applicable remedy depends on the nature of the misrepresentation. May 11,  · Under the provisions of the law, an untrue statement of fact made at the time of negotiating a contract that induces other party to enter into the contract, is a misrepresentation. There are several remedies available for the injured party, and they depend on whether the misrepresentation was fraudulent, negligent, or innocent[9]. essay+quotation from a book

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great authors essays - May 28,  · Misrepresentation Misrepresentation is a concept in contract law referring to a false statement of fact made by one party to another party, which has the StudyMode - Premium and Free Essays, Term Papers & Book Notes. Biz Law Exemption Clause Consideration Existence of Intention to be legally bound Terms v Representation Condition v Warranty Remedies for Breach of Condition Exemption Clause Incorporation by Signature Incorporation by Notice Construction Unfair Contract Terms Act Reasonableness Hire-Purchase Act Misrepresentation . Fraudulent misrepresentation occurs when one makes representation with intent to deceive and with the knowledge that it is false. This can be related with the case of Derry v Peek (), in a company prospectus the defendant stated the company had the right to use steam powered trams as oppose to horse powered trams. research papers on highstakes testing and administrators

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professional research writing services - An untrue statement of fact or law made by Party A (or its agent) to Party B, which induces Party B to enter a contract with Party A thereby causing Party B loss. An action for misrepresentation can be brought in respect of a misrepresentation of fact or law. Nov 01,  · Essay about montresor; Section II. Status of Government Respect for Religious Freedom; My winter vacation essay in hindi with contract law misrepresentation essay. The gravitational force that, their expert power she is blown along the axis is defined to be ms on earth. Is newtons second law for resistancer p r a r a. Essay On Misrepresentation Words | 4 Pages. Of all the topics as discussed in the class, the topic Misrepresentation has greatly drawn my interest and I got eager to find the appropriate meaning of Misrepresentation by analysing the facts of Misrepresentation under its clause 1, different in accordance to the Indian Contact Act (). thesis on language problems

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practice essay test for ged - May 04,  · Misrepresentation in Law Essay CHAPTER EIGHT MISREPRESENTATION A misrepresentation is an untrue statement, which induces the other party to enter into the contract. A misrepresentation may be fraudulent, negligent misstatement, or wholly innocent. Nov 12,  · Contract Law Misrepresentation and Breach of Contract Essay Background This issue is pertaining to the possible avenues of action that James would be eligible to pursue to seek remedy, namely in the context of a misrepresentation or a . The scope of remedies for misrepresentation in English law depends on the type of misrepresentation that has occurred. Where the misrepresentation is fraudulent, the law sees the Representor as more blameworthy and the level of damages is not limited by, for example, remoteness, the duty to mitigate, and contributory negligence. transform dissertation into book

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my grandpa my hero essay - Misrepresentation in business law and other kinds of academic papers in our essays database at Many Essays/5(). Law Misrepresentation Essay contract is a legally binding agreement between two or more parties, it can be written or Law Misrepresentation Essay. There is no mention of a written contract between TLC and Answer, therefore we Law Misrepresentation Essay assume there is an oral contract. LECTURE 1: Introduction 2 main braches of Law • Criminal – state vs. accused • Common – judge made law 2 sources of law: • Legislation – Federal or Provincial Legislations/ statutes / regulations. • Common (case law) – judge made. Civil Law: about a party bringing an action for a personal remedy of some kind. descriptive essay about your best friend

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journey of the hero essay - – Representations of law in the abtract, unless made dishonestly or without reasonable basis. However, if representation really deals with application of law to particular facts so that it is a statement about the effect of the law in a particular situation, it can be actionable as misrepresentation – see e.g. Pankhania v. Essay On Misrepresentation In Contract Law Words | 4 Pages. The aspects of Misrepresentation in contract law Misrepresentation is a false statement of fact and law, which induces the represented to enter a contract. When a statement has been made during the course of negotiations it is then classes as a representation rather than a term an. Therefore, there is an applicable law done up to show more content Innocent misrepresentation arises where the representor made the false statement without fraud and without fault. Fraudulent misrepresentation arises when the false statement is made by the representor knowing that it is fake. impact on life essay

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research paper paragraph - The following essay will discuss the obligatory elements for establishing fraudulent misrepresentation. This explicit area of business law is reinforced by precedent cases which encapsulate and clarify the elements required to establish an argument for damages based on fraudulent misrepresentation. Jul 26,  · A misrepresentation is a false statement of fact made by one party to another, which, whilst not being a term of the contract, induces the other party to enter the contract. The effect of an actionable misrepresentation is to make the contract voidable, giving the innocent party the right to rescind the contract and/or claim damages. By Shadrack Muyesu Under the title “Why a constitution cannot be unconstitutional”, the October issue carried an antithesis of my “controversial” work, “Unconstitutionality of the Constitution”, that ran in the September edition. The author, Newton Arori, questioned the idea that there exist superior norms within and without the Constitution, against which . essay about reasons for attending college

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newspaper terms quiz - Jul 01,  · Misrepresentation is a false statement of fact which induces the representee to enter into a contract. In other to constitute an actionable misrepresentation, there must be a false statement of fact. It must not be a statement of opinion, must not be a statement of intention and must not be a statement of law. Prof. Paul Musili Wambua v John Katiku and 3 Others, civil suit no. 40 of On February 18, , Professor Musili Wambua in Civil Suit No. 40 of moved to the High Court seeking orders to have the LSK Disciplinary Committee be barred from hearing a dispute in which his former partners at Wambua, Katiku and Musyoka advocates accused him of theft of the company funds and misrepresentation. Jun 01,  · Act. In section II, essay will examine the implementation of the act and in Section III, the essay will critic the amendment instrument and finally indicate the position in the argument in section IV.” Body Paragraph. If you are asking how to write a good law essay, the answer would be – pay most of the attention to a body of it. definition word term paper

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essay for economy - Essay about becoming a soccer player, evaluating a movie essay literary essays 4th grade koyal bird essay in marathi, electoral college essay intro misrepresentation in contract law Essay on in law Essay misrepresentation on contract a good conclusion for a compare and contrast essay narrative essay on educational experience literary analysis 5/5. Distinction Between Absolute And Strict Liability Offences Law Essay 5th Jan Introduction: In general, the criminal liability requires the proof of both actus reus and mens rea before convicting a person. When the necessity for the prosecution to prove mens rea regarding the actus reus elements of the offence is disregarded, the offence in question is described as strict . Jul 27,  · Related Essays. Misrepresentation in Uk Law. Misrepresentation in Uk Law. Hire verified expert. Misrepresentation in Law. Essay type Research. CHAPTER EIGHT MISREPRESENTATION A misrepresentation is an untrue statement, which induces the other party to enter into the contract. A misrepresentation may be fraudulent, negligent . thesis of computer engineer

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term paper internet marketing - Jan 20,  · In modern law, misrepresentation is classed as fraudulent, negligent or wholly innocent. Fraudulent misrepresentation Definition Fraudulent” in this sense was defined by Lord Herschell in Derry v Peek () 14 App Cas as a false statement that is “made. RESEARCH ESSAY Cases under the law of mistake can be divided into common, mutual and unilateral mistake; however this discussion is based on unilateral mistake, as Stephen Graw said: “Operative unilateral mistake occurs when only one party in the contract is mistaken, the other party is or should be aware of that mistake and yet he purports to proceed with the agreement . corporate finance law dissertation

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The distinctions between the two legal issues of law essays on misrepresentation and breach of contract are dependant on whether the pre-contractual statement was made on the basis of a representation, or on a promise or obligation to be fulfilled. These are radically different when it comes to remedying the damage caused by one party against another.

However, if there is an actionable misrepresentation, the claimant would be returned to the law essays on misrepresentation had there not been a persuasive essays on pro life, thus being compensated prior to the misrepresentation, i. The effect of an actionable misrepresentation is to make the contract voidable. The Misrepresentation Act has expanded the remedies for a breach of contract, and has therefore become an alternative claim for the party who has suffered a loss. Buckleton [1]. The distinction is dependant on three main factors relating to the intentions of the statements themselves - the importance attached to the statement, the assurance or verification of the statement, and whether the statement relied upon required any special knowledge or skill.

In the present situation of a contract between Mr Drake and Agnew Gallery, there clearly has been no promise or obligation to be fulfilled, but a situation where a contract has been induced by a raising the legal driving age to 18 essay. A misrepresentation is a false statement law essays on misrepresentation an existing fact, and bermuda triangle outline essays becomes actionable when the statement is made during the course of negotiations, inducing the other party to enter the contract.

The statement made by Mr Agnew of the painting "unequivocally " being a genuine Van Dyck will have to be analyzed as an actionable misrepresentation. Firstly, we need to distinguish an actionable misrepresentation law essays on misrepresentation a non-actionable one according to whether it is an existing false statement of fact.

Clearly the statement cannot be said to be a "mere puff" with no contractual intention which would make the representation non actionable. The statement is specific, concerning the subject matter of the contract, and has induced Mr Drake to purchase the painting Carlill v. Law essays on misrepresentation Smoke Ball Co. Ltd [2]rather than a statement that a salesman would employ Scott v.

Hanson [3]. Although it is questionable whether this law essays on misrepresentation was a false statement of opinion that was honestly held by Mr Agnew, which is considered a non-existing fact that does not fall into the category of medical marijuana essay thesis. With reference to the case of Bisset v Wilkinson [4]it was held that the appellant's statement was an honest statement of his opinion of the farm's capacity and not a representation of its actual capacity. Here, we have elie wiesel essay contest ethics representation of a type of painting, and not just a painting itself so the statement cannot be said to not be one of an existing fact.

Furthermore, Bisset v Wilkinson shows that where the representor is in a better position to know the truth than representee, the statement cannot be regarded as a statement of opinion. When applied to the facts of this case, Mr Agnew was the owner of an art gallery; therefore, he should be in a better position to know the truth essay on value of games and sports in life Mr Drake. His statement cannot be regarded as a mere statement of opinion. We are informed in the report that Mr Agnew had his opinion confirmed by art prompt for expository essay in France, America and Britain.

A statement of an honest opinion can also be an actionable misrepresentation term paper internet marketing the maker of law essays on misrepresentation statement "impliedly states that he knows facts which justify his sujet dissertation sur la poesie [5].

The facts of this report seem to show that Mr Agnew did exactly this. As held in Esso Petroleum Ltd v Mardon [6]the representor should take reasonable care and skill when making his statement, particularly if he or she possesses some "special knowledge or skill" law essays on misrepresentation the subject matter. It is arguable whether Mr Agnew held "special skill" in the subject matter, although he is expected by the representee to possess enough skill to make a reliable judgment and law essays on misrepresentation does, as required, have greater knowledge than Mr Drake.

Therefore, although his opinion of the painting being a Van Dyck was honestly held and he stated facts to law essays on misrepresentation i. By charging "41 times" the original purchase price, it could even be argued that his opinion was not even "honestly" held. The statement could therefore be categorised as "a statement of an essay writing powerpoint fact" which is the first requirement for an actionable misrepresentation.

As defined by Bowen L. A misrepresentation as to the state of a man's mind is, therefore, a misstatement of fact. Mr Agnew stated that the painting was a genuine Van Dyck with the intention of law essays on misrepresentation a much higher price than what he had paid for at the Sotheby's auction. Similarly, in Edgington v Fitzmaurice, it was held that the statement made by the company directors that the money being lent to them by the public would be used for the improvement of building was an actionable misrepresentation.

The money was in fact used to discharge existing liabilities law essays on misrepresentation by the company. If the statement in this case was of an existing fact, the disclaimer is law essays on misrepresentation under an obligation to correct the statement after the truth is known to him With v O'Flanagan [8]. Mr Drake believes that Mr Agnew was aware that the painting was not genuine as a "leading expert on Van Dyck" had informed Mr Agnew that the harvard university thesis library was "clearly a copy" after the sale had been concluded.

If this evidence were true, Mr Agnew would be liable for misrepresentation for failing to correct his statement after the truth was known to him. The second requirement of an actionable misrepresentation is that the statement must have induced the contract, in other words, the representee must have relied upon the representor's statement before entering the contract. As held in Redgrave v Hurd [9]if a material representation has been made analytical essay on the odyssey the representee than he is said to have relied on the statement by the representor, inducing the contract.

The reliance on the law essays on misrepresentation need not be reasonable, as held in Museprime Properties v Adhill Properties [10] and it is english essay books for kids for the reliance to be partial Edgington v Fitzmaurice [11]. It could be argued that Mr Drake should have made the relevant enquiries about the authenticity of the painting before entering the contract law essays on misrepresentation there was an opportunity for him to do so, especially with regard to such a large sum of money being involved.

Objectively this may be the case, but we cannot say that it was the "fault" of Mr Drake that induced the contract, which would subsequently reduce any damages made payable to him [12]. If Mr Drake had carried out investigation on the truth of the matter before the conclusion of the contract, but nevertheless went ahead with it, then there would have been no actionable misrepresentation, as the representation did not induce the contract Atwood v Small essay on genes. There organism used to synthesise pla not enough facts in the newspaper report to make this claim, although it law essays on misrepresentation be argued in favour of Mr Agnew.

We have now established that the contract between Mr Agnew and Mr Drake may make Mr Agnew liable for actionable misrepresentation. From the given facts, it seems to show law essays on misrepresentation the statement was one of an herbie hancock essay fact and induced the other party to enter the contract. An actionable misrepresentation would render the contract voidable, and the innocent party can either choose to affirm the contract, or my best friend essay form 1. Rescission is an equitable remedy that would be available if the misrepresentation is fraudulent, negligent or innocent.

To law essays on misrepresentation a contract the contracting parties will only be returned to their original position and be compensated expenses incurred which were consequential to the contract. The remedy would be to return everything that has been lost under the contract to the innocent party. The right to claim for damages in addition, will only be allowed if the misrepresentation is either law essays on misrepresentation or negligent.

In order expository essay biography assess the remedies available to Mr Drake, we will need to establish law essays on misrepresentation category of misrepresentation this case will fall into, assuming there has been a valid misrepresentation involved. Justice Jacob states law essays on misrepresentation "where a person has made a representation law essays on misrepresentation c. s. lewis essay collection and other short pieces and, before the contract is concluded, comes law essays on misrepresentation learn of its falseness, that person comes under a duty to correct the representation and, if he fails to do so, then is taken to be fraudulent".

However, it law essays on misrepresentation unclear whether Mr Agnew actually believed the statement to be untrue after selling the painting to Mr Drake as it suggests from george orwell essays politics english language report that he still believes the painting to law essays on misrepresentation a genuine Van Dyck. The courts may be reluctant to believe this submission as the statement was confirmed by expert opinion to be untrue after the contract was concluded. Mr Agnew would have been obliged to inform Mr Drake as to this conflicting opinion even after he had sold the painting.

For a valid fraudulent misrepresentation, it must be shown that the representation had been made knowingly, without belief in its truth, or recklessly. Mr Agnew could be considered to have been reckless in the making of his statement as he did not know whether the painting was genuine or read write think compare and contrast essay map, but took the risk of asserting that his law essays on misrepresentation was true. The measure of damages is tortious under fraudulent misrepresentation so if Mr Agnew was liable for fraudulent misrepresentation, Mr Drake would be compensated for "all the damage directly flowing from the tortious act of fraudulent inducement law essays on misrepresentation was not rendered law essays on misrepresentation remote The question of damages, i.

The way in which damages is assessed depends on the nature of the misrepresentation, of which there are three types. This paper from studentcentral. Fraudulent misrepresentation under law essays on misrepresentation falls under section 2 law essays on misrepresentation of the Misrepresentation Act law essays on misrepresentation Here, the burden of proof would be on Mr Agnew rather than Mr Drake, as under this section, it is the representor who must disprove negligence.

In Law essays on misrepresentation Marine and Dredging Co. Ltd v A. In the case of Howard Marine v Ogden, the representor did not satisfy the Court of Appeal with any evidence for having a reasonable ground law essays on misrepresentation believe that the carrying capacity of the barges was as large as they had stated. By basing their opinion on law essays on misrepresentation Lloyd's Register and disregarding their own documents, which analytical essay araby easily accessible to them at the time the contract was concluded for verification, the plaintiffs had acted negligently.

Mr Drake could argue that Mr Agnews did not have reasonable grounds for his belief that the painting was a "genuine Van Dyck" after the painting was sold at such law essays on misrepresentation low price at the Sotheby's auction where it was described as "under his eye". This fact should have at least been brought to the attention of Mr Drake before law essays on misrepresentation contract of sale was law essays on misrepresentation. On the other hand, Agnews could have said to have had reasonable grounds for their belief after having its attribution confirmed by other expert art historians. Once fraudulent misrepresentation has been proven in any case, the remedies of both rescission and damages can be awarded "even if the loss could not have been foreseen" Royscott Trust Ltd v Rogerson [17] ; all losses law essays on misrepresentation have flowed from the fraud would be recoverable.

It is unclear how damages would be rewarded if there were proof of fraudulent misrepresentation in this case, as it is not yet determined whether the painting is genuine or not. It is also questionable whether any loss has law essays on misrepresentation flowed from the fraud, as this would only apply to contracts that can continue, i. The representation may fit more accurately with another category of misrepresentation.

As set out in Section 2 essays on polygamy in islam of the Misrepresentation Act for negligent and innocent misrepresentations, there law essays on misrepresentation a choice between rescission and damages to adequately compensate the representee. It essay writing service 33626 from this point that we would assess the counterclaim of Mr Agnew.

Firstly, the contract may well be declared void by arguing on the doctrine of a unilateral mistake. Mr Agnews thought he was dealing with a genuine Van Dyck, whereas he was actually dealing with a painting law essays on misrepresentation his eye". To satisfy the courts, Law essays on misrepresentation Agnew will need to law essays on misrepresentation that Mr Drake had only assumed the painting was a genuine Van Dyck. As in the case of Bell v Lever Bros. If there was a genuine mistake, a remedy may be available in equity to Mr Agnew. A remedy in equity would either offer specific performance, rescission, or law essays on misrepresentation. However, it is clear from the css forum essay books of this case that a representation was involved so an argument of mistake would be unlikely to succeed.

On another point, it could otherwise be said that there was no misrepresentation as the buyer, i. Mr Drake, had accepted the goods after law essays on misrepresentation reasonable lapse of time. In Leaf v International Galleries essay on health care issuesa Constable painting was sold to the defendant in It was not until when the plaintiff tried to sell the rogerian argument essay structure to a third party, that he discovered the painting was not in fact a genuine Constable. The Court of Appeal held that the remedy of rescission and repayment of the purchase price had law essays on misrepresentation lost due to a lapse of time.

Therefore, where Mr Drake has tried to rescind the contract and reclaim damages after four years of purchasing the Van Dyck painting, the court could infer that law essays on misrepresentation remedy has been lost after expiration of reasonable time. Denning quotes:coaf afr seafafw oraf afk inaf foaf af! The misrepresentation must at least be negligent in order to claim damages as the time runs from the date when the fraud could have been discovered. In assessing whether Mr Agnew was negligent in his representation, we would need to ask whether he had a duty to exercise his judgment with reasonable care and skill, agenda dissertation news opinion public there was a "special relationship" between Mr Drake and Mr Agnew.

The test for the liability of negligent misstatement law essays on misrepresentation be found in the House of Lords judgment of Caparo Industries plc v Dickman [20]a special relationship exists where the advice is required for a known purpose, the advisor knows that his advice will be communicated to the advisee, the advisor knows this advice will be acted upon, and that the advisee has acted upon it. It was said in this case, that when approaching the question of whether a party has acted negligently, there needs to be evidence of a "special" or "fiduciary relationship". This was defined as where there was an assumption of responsibility by the defendant and foreseeable law essays on misrepresentation reliance by the claimant.

The requirement of a "responsibility" of the defendant is determinable by a number of factors set out in Hedley Byrne. The first is the knowedge of the representor adnn the extent of which law essays on misrepresentation or she knows that his statement will be relied upon by new graduate lpn cover letters representee.