Misrepresentation In Contract Law

558 Words2 Pages
bulb-icon

Recommended: An essay about contract

In fraudulent misrepresentation, an individual not only lied or misrepresented a fact about a transaction, but the individual did it on purpose, in order to mislead the other party. Individuals also enter into contracts they would not ordinarily due to physical and economic duress and duress of goods. Undue influence in a contract results when someone has taken advantage of their relationship and uses it to their advantage over another person. Hindrances to Agreements in Contract Law Although fraudulent misrepresentation, duress and undue influence are each different in their own way, they are types of assertion that exist in contracts where an individual would not have entered into had those elements of assertion not existed. When agreements are entered into by means of fraudulent misrepresentation, duress and undue influence, the agreements are not considered to be voluntary and can be cancelled on the grounds of a lack of mutual agreement. Fraudulent Misrepresentation Fraudulent misrepresentation is one of three types of misrepresentations in contract law. In order to ...

Show More
Related

  • Case Analysis: The Unscrupulous Partner: Ethics Case

    704 Words  | 2 Pages

    Andrea may decide not to inform the limited partners about the misrepresentation of Skyline Views’s financial statements; to avoid conflict, this decision permits Ed to deceive the company and limited partners. In addition, by deciding not to inform the limited partners of Ed’s deceit, Andrea would be disregarding the American Institute of Certified Public Accountants Code of Professional Conduct in her being unreliable, dishonest and deceitful. Andrea has the responsibility of protecting her client, which involves encouraging the correction of financial statements in order to prevent suspicion during audits that could lead to fines and imprisonment. Andrea’s second option is to inform the limited partners about how misrepresentations of Skyline Views’s financial statements are permitting Ed to claim a higher management fee; this decision will fulfill her due diligence obligation to the limited partners while maintaining her integrity as a certified public accountant in supporting the American Institute of Certified Public Accountants Code of Professional Conduct.

    Read More

  • Laduzinski V. Alvarez & Marsal Taxand LLC Summary

    570 Words  | 2 Pages

    In Laduzinski v. Alvarez & Marsal Taxand LLC, plaintiff was looking for a job with defendant, Alvarez & Marsal Taxand LLC. Plaintiff, Laduzinski, claimed that he was lured away from his job under false pretenses since defendants hired him to get access to his contacts. Nine months later, after plaintiff had given all his contacts, the manager of the Alvarez companies fired him because there was no work for him. Laduzinski brought a claim to recover damages for fraud in the inducement. The lower court dismissed plaintiff’s claims because plaintiff was an “at will” employee. After Laduzinski appealed, the issues were whether the complaint stated a cause of action for fraudulent inducement, despite that Laduzinski was an at-will employee; and whether the alleged misrepresentations were actionable statements of present fact or non-actionable future promises.

    Read More

  • Case Study Of The Real Estate Purchase Contract

    1649 Words  | 4 Pages

    This case study examines various real estate contracts – the Real Estate Purchase Contract (REPC) and two addendums labeled Addendum No. 1. Addendum No. 1 and Addendum No. 2 – pertaining to the sale of 1234 Cul-de-sac Lane in Orem, Utah. The buyers in this contract are 17 year old Jon D’Man and 21 year old Marsha Mello; the seller is Boren T. Deal. The first contract created was Jon and Marsha’s offer to purchase Boren’s house.

    Read More

  • The Definition Of Trademark Violation Of The Baltimore Aboriginal Case And Dodgers Sports Bar Case

    1016 Words  | 3 Pages

    Another factor that comes to play in this case was whether the practice violates public policy. When violating a public policy Which in this case it does because it is illegal to send false documents in order to gain or keep contracts.

    Read More

  • The Pros And Cons Of Promissory Estoppel

    765 Words  | 2 Pages

    Promissory estoppel is when " one person might rely on a promise made by another even though the promise and the relevant circumstances are not sufficient to justify the conclusion that a contract exists" (Mallor et al., 2015, p. 333).

    Read More

  • Ethical Practices In Nursing Homes: Fraud In The Nursing Home

    1410 Words  | 3 Pages

    A fraud is a wrong action, which is basically deprivation of the legal rights from an individual. Fraud is seen at various instances of life. There are a number of frauds that occur and every case has different rights being deprived from an individual. When frauds take place, some legal authority has to intervene and take the necessary action. The legal authority is granted with the power to decide the right that has been taken from the victim and identify the compensation to be given to the individual on behalf of the party, which has made the fraud. In this report, I will discuss some cases in which fraud caused some issues and deprivation of the basic legal rights of an individual thus resulting in

    Read More

  • Ethicality Of Pretexting

    623 Words  | 2 Pages

    There is a trend in legal policy that determines the ethicality of pretexting by interpreting deceptive activities in both a “status-based” and “conduct-based” analyses. Examples of status classifying inc...

    Read More

  • Intentional Tort Law

    1027 Words  | 3 Pages

    These interests are violated by the intentional torts of assault, Battery, trespass, False Imprisonment, invasion of privacy, conversion, Misrepresentation, and Fraud. The intent element of these torts is satisfied when the tortfeasor acts with the desire to bring about harmful consequences and is substantially certain that such consequences will follow. Mere reckless behavior, sometimes called willful and wanton behavior, does not rise to the level of an intentional

    Read More

  • Code Of Professional Ethics By American Institute Of Certified Public

    1272 Words  | 3 Pages

    statements may be the result of either a honest mistake or a lack of integrity

    Read More

  • Criminal Conspiracy in Historical Common Law

    1075 Words  | 3 Pages

    Major problems were experienced in the early years after the Act over how the preserved common law conspiracy to defraud dovetailed with the new statutory conspiracy to commit a crime as frequently, an agreement to defraud will necessarily involve an agreement to commit a substantive offence entailing dishonesty such as theft or the new offence of fr...

    Read More

  • False Pretenses In The United States

    746 Words  | 2 Pages

    False Pretenses Under common law, a defendant is understood to commit the crime of false pretenses by making an intentional statement with the intention to defraud the victim he obtains title to the personal property of the victim. For a defendant to be accused of this crime, the deliberate false statement he makes to the victim must refer to a past or present fact or event, a false statement concerning the future or any sort of future possibilities would not suffice to fulfill that element of the crime. False pretenses differs from larceny in that title, and not just ownership of the victim's particular property is obtained by the defendant. The Law United States statutes on this topic are mostly derived from the English statutes, and the courts there in a general method follow the English explanations.

    Read More

  • Richard Scrushy and HealthSouth

    2166 Words  | 5 Pages

    Weld, L. G., Bergevin, P. M., & Magrath, L. (2004). Anatomy of a financial fraud. The CPA

    Read More

  • Manipulation And Manipulation

    985 Words  | 2 Pages

    Manipulation, deception, and lying all happen in everyday lives. This paper will distinguish between manipulation, deception, and lying and why these ethical wrongs depend on the intention and not on the consequences. To outline the paper, the first section will distinguish between manipulation, deception, and lying. This section will also show how the three work together in order to formulate an ethical wrong. The next section will discuss how manipulation, deception, and lying work together to gain some type of benefit. The main goal of the section is to show how manipulation, deception, and lying depend on the individual’s intentions to benefit or get the desired outcome.

    Read More

  • Carill V Carbolic Smokeball Case Study

    1388 Words  | 3 Pages

    This case mentioned below is a fine example of understanding the Law of Contract in a better manner. (Gerald, 2014).

    Read More

  • The Issues Of Consent And Sexual Relations

    1393 Words  | 3 Pages

    To put it simply, duress is an action such as a threat, violence, brought to bear on someone to do something against his or her will or better judgment. Giving consent out of fear it is not a valid form of consent due to the fact that the person(s) involved made that decision against their will due to being under duress. For example, if a person agrees to take part in sexual activity due to fear of violence if he or she refuses to perform a sexual act. Other forms of invalid consent are when consent is given due to force, threats or sexual fraud. To commit sexual fraud is to lie or be deceitful in order to engage in a sexual activity.

    Read More

More about Misrepresentation In Contract Law

Open Document