Fraudulent Representation

This essay will go through imperative elements for implementing fraudulent misrepresentation and to provide innocent party to recover civil damages, gain an injunction or other remedies from the other party.
This essay will discuss imperative elements of implementing fraudulent misrepresentation, recover civil damages and gain an injunction or other remedies from the other party.
Business law is very broad concept of law which covers all the legal issues that include many commercial and domestic cases which make up most of the civil cases and there are only few criminal cases where there has been serious breach of law. With the help of reference to relevant case law, this essay will argue that Bob Wheelie suffered economic loss due to fraudulent

The best way to prove that Mr Spoke had breached section 18 is through IRAC analysis which is issue, rule, application and conclusion. The main element of section 18 is that there must be misleading or deceptive conduct which is likely to mislead or deceive which is determined by an objective test of reasonable person. The issue in this scenario is that: - Did Mr. Spoke mislead or deceive Bob by an objective? The rule is that one party must have misled or deceive other party intentionally. The application of this case is Bob bought business on the basis of historical figures which were inflated by Mr Spoke. The figures were designed by Mr Spoke in order to induce Bob to buy the business and earn extra money to use in his retirement and travel. So we can conclude that Mr Spoke fulfils all the elements which lead to breach of section 18 under Australian Consumer Law and Bob can bring a civil action. Section 18 covers broad range of misrepresentations which can be narrow down to section 29 which is for false misrepresentation as in Parkdale Custom Built Furniture Pty Ltd v Puxu Pty Ltd (1982) 149 CLR this is very similar to our scenario. A breach of section 29 can lead to fines up to $220,000 (double check this number) for individuals under s151 and person suffering damage (Bob) can recover civil damages, gain an injunction or other