The seller knew about this shortage but did not mention it. However, it turns out that the battery is too weak, and the phone call was discontinued during a very important meeting. As soon as a buyer starts using the phone, it is hard to define some shortages. For example, a person offers iPhone, describes its characteristics, and sells it to a person informing that everything is ok with the device. They buy goods, describe their properties, and give promises about the quality of a product. The examples of fraudulent misrepresentation are numerous nowadays. All these types of misrepresentation mentioned above have their own outcomes and the effects on the relations that can be developed between the parties to a contract. Rescission is another result of misrepresentation as a result of which a contract is ended, and the parties develop the relations as if the contract was never signed. Damage is a kind of compensation offered to a victim in order to cover the harm made as a result of the misrepresentation. A fraudulent misrepresentation supports rescission and the right of damage under any condition in any court. Negligent misrepresentation implements the possibility of rights of rescission (only in terms of common law) and damages in tort (Abe 14). Finally, there is also a kind of innocent misrepresentation when even the party that makes it gives several facts to prove the reasonableness of the chosen statement.Īn innocent misrepresentation can provide the injured party with a chance of rescission but never damages (Abe14). Negligent misrepresentation is all about the false statements that are inadvertent by their nature when one party introduces false fact being not aware of them. The outcomes of the representation of false information are negative and may cause some damage. However, it also happens in case the party does not check if the chosen facts are true or false and make misrepresentation recklessly without considering the importance of outcomes. It usually takes place when one of the parties intentionally (being aware of a false) represents some false facts in order to make another party accept the contract conditions. One of the most evident and influential types is a fraudulent misrepresentation (Koffman and Macdonald 318). There are three types of misrepresentation considering the intentions of a party that does it that have to be discussed. It is a kind of general definition still, the essence of misrepresentation usually depends on its type. The researchers explain misrepresentation as one of the false statements of law that does not go in line with the facts and does make one party to being able to induce another party to a contract (McKendrick 214). It is easy to find a clear definition of misrepresentation in any legal dictionary and understand its importance. Misrepresentation and Its Place in the Law Misrepresentation Definition Contract law is the agreement that should clear identify the situation and help the parties be equal misrepresentation and duress can influence the quality of the contract and have to be properly understood by the English and the UAE citizens. In spite of the necessity to be common for all parties, the essence of misrepresentation and duress in terms of the English law and the UAE law differs considerably. Misrepresentation and duress have their own definitions, types, judgments, etc. The current paper aims at discussing the peculiarities of misrepresentation and duress as the concepts of any contract law that touch not only the legal aspects of a case but focus on significant ethical aspects.
0 Comments
Leave a Reply. |
Details
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |