Short essay on Misrepresentation. Misrepresentation is a wrong statement of fact made innocently, i.e., without any intention to deceive the other party. A party makes a statement which is not correct but the party making the statement does not know that it is wrong or it honestly believes that it is correct Jun 26, · An Essay on Misrepresentation. Mispresentation Misrepresentation is a civil wrong under the branch of law of torts. This explains that a misrepresentation is a consequence on civil liability if it results in a monetary loss. For instance, let’s say that a real estate speculator possesses swampland but promotes it as appreciated commercially zoned land; this act will be Misrepresentation College Essays Samples For Students Good Example Of Essay On Caterpillar Accounting Scandal. Background of Caterpillar Caterpillar Inc. is an American Free Bribery And Corruption In The Public Sector Are Unavoidable Regardless Of The Society Essay Sample. Earnings Example Of
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A misrepresentation may be fraudulent, misrepresentation essay, misrepresentation essay misstatement, or wholly innocent. The applicable remedy depends on the nature of the misrepresentation. 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. If the representation that is being challenged satisfies these four requirements, then it is an actionable representation.
Statement of Fact or Opinion A statement which is made to the other party that is false and induces him to enter into the contract, misrepresentation essay, this is an actionable misrepresentation. The false statement must be one of fact and not of law because no one can misrepresent the law since everyone is presumed to know the law. A statement of opinion is not actionable per se as a misrepresentation because misrepresentation essay is not a statement of fact. In Bisset v. Wilkinson, the respondent purchased from the appellant, two plots of land in New Zealand for the purpose of sheep farming.
During the negotiations, the appellant told the respondent that, if the place was worked properly, misrepresentation essay, it would carry two thousand sheep. The respondent, it was admitted, bought the place believing that it would carry two thousand sheep. Misrepresentation essay both parties were aware, the appellant had not and, so far as appeared, misrepresentation essay, no other person had at anytime carried on sheep farming on the land, misrepresentation essay. In an action for rescission for misrepresentation, Sim J. said: In ordinary circumstances, any statement made by any owner who has been occupying his own misrepresentation essay, as to its carrying capacity would be regarded as a statement of fact….
This, however, is not such a case … in these circumstances. The plaintiff were not justified in regarding anything said by the defendant as to the carrying capacity as being anything more than an expression of opinion on the subject, misrepresentation essay. Order custom essay Misrepresentation in Law with free plagiarism report. Their Lordships concurred in their view on the matter, and therefore held that the purchaser had no right to rescind the contract since an erroneous opinion stated by the party affirming the contract, though it has been relied upon and has induced the contract on the part of the party who seeks rescission, gives no title to relief misrepresentation essay fraud is established.
The ratio decindendi of this decision is that the respondent had no previous or present knowledge of the capacity of the land, neither was he an expert in sheep farming?? So in the opinion of the Court the most he could have averred was a mere opinion. However, in certain circumstances, an opinion because it presupposes the possession of certain knowledge, may be an actionable misrepresentation. In Smith v Land and House Property Corporation, the vendor of an hotelier described it as misrepresentation essay to a Mr. Frederick Fleck, a most desirable tenant. The tenant was in fact in arrears with his rent. It was held that the statement was not a mere expression of opinion because the vendor was impliedly stating that he has facts, which justifies his opinion.
Mardon misrepresentation essay all that could be expected of him as tenant but the site was not good enough to achieve a through-put of more than 10, gallons. In July Mardon gave notice to quit, but Esso granted him a new tenancy at a reduced rent. Mardon continued to lose money and by August was unable to pay for petrol supplied, misrepresentation essay. Esso claimed possession of the site and the money due. Mardon claimed damages in respect of the representation alleging that it amounted to 1 a warranty, 2 a negligent misrepresentation.
On the matter Lord Denning M. said that Council for Esso retaliated by citing Bisset v. He submitted that the forecast here ofgallons was an expression of opinion and not a statement of fact, and that it could not be interpreted as a warranty or promise. Lord Denning said that he would quite agree with Counsel for Esso that it was not a warranty — in this sense that it did not guarantee that the through-put would begallons. But one party, Esso, has special knowledge and skill. It was the yardstick by which they measure the worth of a filling station. They knew the facts. They knew the traffic in the town, they knew the through-put of comparable stations.
They had much experience and expertise at their disposal. His Lordship went on to show that Esso was in a much better position than Mr. Mardon and their statement of opinion presupposes that they have knowledge to support the opinion. This is very different to the circumstances in Bisset v. Wilkinson where the land had never been used as a sheep farm and both parties were equally able to form an opinion as to its carrying capacity. The Court, therefore, misrepresentation essay, found that Esso was liable for damages for breach of warranty. Fact and Intention Where a representation merely expresses the intention of one party, misrepresentation essay, under normal circumstances misrepresentation essay intention, if misrepresentation essay is not fulfilled, is not an actionable representation.
However, in some circumstances an expression of intention may be considered a statement of fact, misrepresentation essay. In Edgington v. Their statement of intention was held to be a statement of fact. Misrepresentation essay Silence Amount to Misrepresentation? Generally silence is not misrepresentation. Each man must protect his own interest and exercise reasonable caution when entering a contract: Caveat emptor. However, the court may consider certain kinds of silence as misrepresentation. The negotiations began January 1 at which time the practice was worth? However, the defendant fell ill and by May 1 when the contract of sale was signed, the practice was virtually worthless. Opportunity to Verify Representation Where the representee is given the opportunity misrepresentation essay verify the representation made to him, he may or may not make use of the opportunity.
If he chooses to act on the statements made by the representor and the statements turn out to be false he can sue but if he chooses to verify and confirm a statement, which is in fact false, he cannot sue the representor, misrepresentation essay. In Redgrave v, misrepresentation essay. He was given the opportunity to inspect the books, but he did not. If he had checked the books, he would have found that the practice was over-valued. However, the Court held that the non-use of this opportunity did not vitiate his claim. The Privy Council in Senanayake v. Chenq followed this decision. However, misrepresentation essay, when the representee carries out independent investigation to ascertain the accuracy of any statement made to him, though he did not find out the truth, he cannot claim to have been misled because then he would be relying on his own findings or that of his experts.
In Atwood v. Small, a vendor offered to sell a mine and made exaggerated claims as to its capacity. The buyer appointed agents to investigate the mines. The agents reported wrongly that the claims were true, misrepresentation essay. The contract of sale was then completed, misrepresentation essay. Curtis v. Chemical Cleaners misrepresentation. Types of Misrepresentation. Fraudulent Misrepresentation. Fraud was defined by Lord Herschel in Derry v. Peek as meaning that the representation made is a false representation: 1 Knowingly or 2 Without belief misrepresentation essay its truth or 3 Recklessly, careless whether it is true or false. Fraud must be strictly proven and the burden of proof is high: It requires evidence of actual dishonesty. Section 2 1 of the Misrepresentation Ac, misrepresentation essay,codified this principle.
The defendant can escape liability on the section if he can show that he had reasonable grounds for the belief and that he held those beliefs up to the time the contract was made that the facts represented were true. The burden of proof is on the representor. See the judgment of Lord Denning in Esso Petroleum v. Seeing that the S. Where a representation becomes a term misrepresentation essay the contract, the plaintiff will misrepresentation essay for breach of a contractual term or breach of warranty, misrepresentation essay, not for misrepresentation. Innocent Misrepresentation. Whittington v.
Seale-Hayne Types of Remedies An actionable misrepresentation attracts the remedies of rescission and damages. Rescission, providing that none of the bars to rescission are applicable, cancels the contract and restores the parties to the status quo ante. When rescission fails the innocent party will be awarded damages which is a monetary compensation that will put him in the position he would have been in but for the misrepresentation of the representor with whom the innocent party had contracted. Rescission or Cancellation. The right to rescind is the right of a party to have the contract set misrepresentation essay and to be restored to his former position. The contract remains valid unless and until rescinded. Third parties may acquire interest under the contract if the innocent party does not act with promptitude, providing that the innocent party is a bona fide honest purchaser for valuable consideration.
The cheque was dishonoured when the defendant presented it the following day. He immediately informed the police and the Automobile Association of the fraudulent transaction. Norris subsequently sold the car to a third party who sold it to the plaintiff. Lord Denning M. held that where a seller of goods had a right to avoid a contract for fraud, he sufficiently exercised his election if, on discovering the fraud, he immediately took misrepresentation essay possible steps to regain the goods, even though he could not find the purchaser or communicate with him, and the contract was rescinded on January If the innocent party delayed cancelling the contract, misrepresentation essay, any third party who purchased the item bona fide would have acquired a good title to the property and the original owner had no claim misrepresentation essay it.
See the speech of Lord Wilberforce in Johnson v. There are several bars to the right to rescind which may work against the innocent party to the contract. The bars are restitution impossible, third-party misrepresentation essay, affirmation, lapse misrepresentation essay time.
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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 May 31, · This page of the essay has 3, words. Download the full version above. The distinctions between the two legal issues of 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 Misrepresentation College Essays Samples For Students Good Example Of Essay On Caterpillar Accounting Scandal. Background of Caterpillar Caterpillar Inc. is an American Free Bribery And Corruption In The Public Sector Are Unavoidable Regardless Of The Society Essay Sample. Earnings Example Of
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