Introduction
Tins must be advised with information that will enlighten her to her options but first we must understand facts and the issues in the case, then information about the legal issues will be presented and then the determination of whether Tina has suffered actual loss or damages and also depict other possible actions that she can take and then a summary describing all of her actions that she can take.
Case
In Tina’s case the relevant information is;
• Tina is looking to buy a house and asks Simon about the safety of the garage, Simon says “don’t worry about that. It’s perfectly safe and sound. I’m a building surveyor and I should know”.
• Tina relies on this and says “Oh well, that’s right then“ and after a further inspection of the house, Tin agrees to buy and tells Simon to draw up the contract.
• A contract is created which contains no warranties in respect of the garage.
• Tina signs he contract after discussing the matter with her solicitors.
• After settlement the garage blows over during a storm.
Now that the information and facts are presented in order or sequence, we can now analyse it and determine if Tina has a chance to sue for a breach in contract and if not, if there are other ways for getting compensation for the damage caused to the garage.
Fraudulent Misrepresentation
Fraudulent Misrepresentation is distinguished from innocent misrepresentation by the intentional deceit of one party by the other (Andy Gibson and Douglas Fraser, 2007, pg 325). The following elements must be established in order to amount to a fraudulent misrepresentation;
• There must be a false statement of fact, not opinion, unless the person making the statement did not hold that opinion,
• The representation must be untrue,
• The person making the representation must know that it is false, or not believe in its truth, or be recklessly careless,
• The representation must be made with the intention that the other party acts in reliance to it,
• The statement must actually deceive the innocent party, i.e. be acted upon, and
• The innocent party must have suffered some loss.
Because a contract induced by fraud is voidable at the opinion of the deceived party, it remains binding until set aside (Andy Gibson and Douglas Fraser, 2007, pg 325). Thus, the position of the deceived party is as follows;
• Since fraud is a tort, in addition to any other remedy available to the deceived party, damages may be recoverable in an action of deceit.
When discussing the concept of contract law, there exist two bodies of legal rules that may apply to the contract. These bodies are the common law of contracts and Article 2 of the Uniform Commercial Code or the UCC. The common law of contracts is court made and is constantly changing, but the UCC is required in every state within the U.S.A. It is important to know which one to use and when, as well as what the differences between them are.
c. construing the savings to suitors clause – eg, what types of cases does Congress mean to say that we only want federal courts sitting in admiralty to have jurisdiction over?
The second issue is whether or not the defendant has an obligation to reimburse for an injury. The outcome of this second issue depends whether or not it is rational for the defendant to have to pa...
In this essay, I will be examining how the court system can fail to deliver justice for particular cases and people’s circumstances, as well as looking at alternatives to court, like circle sentencing, restorative sentencing and alternatives for children to the formal court system, as outlined in the Young Offenders Act 1997 (NSW). Crime is defined in the Oxford Dictionary as an action or omission which constitutes an offence and is punishable by law. On the other side of this is justice; the quality of being fair and reasonable.
Nearly every aspect of law enforcement has a court decision that governs criteria. Most court rulings are the result of civil lawsuit towards a police officer and agency. However, currently, there is no law that mandates law enforcement driver training. When it comes to firearms, negligence by officers has resulted in a multitude of court rulings. Popow v. City of Margate, 1979, is a particularly interesting case that outlines failed firearms training by an agency. In this case, an officer chasing a suspect during a foot pursuit fired at the suspect, striking and killing an innocent bystander (Justia.com, 2017). The court ruled that the agency was “grossly negligent” of “failure to train” (Justia.com, 2017). As a result, nearly every agency requires annual firearms training and has written policy concerning the same. Officers must show proficiency in firearms use every year to maintain their certification. Many states even impose fines on officers for
A deception is a form of a lie. Scams are similar to deception in the way that each are lies and are used to achieve the same goal. They are used to gain something about an individual whether it is trust, money information of some kind or simply
Perjury is a sin grouped along with the fraudulent circle in Dante’s Inferno. The violation of an oath by swearing to what is untrue is a crime punishable in all cultures. This sin most definitely qualifies as fraudulent for one is passing something false off as true. In modern America this is conceived as more of a sin of treachery. The reason it would be considered as treacherous rather than fraudulent because in the constitution
Hanson, J. R. (n.d.). Fraud or confusion? RDH Magazine, 19(4). Retrieved 3 15, 2014, from http://www.rdhmag.com/articles/print/volume-19/issue-4/feature/fraud-or-confusion.html
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The offence Harry would be charged with is William’s murder. The area of Law that this case is concerned with is criminal law (homicide). The two offences that constitute homicide are murder and manslaughter. The classic definition of murder was set by Sir Edward Coke (Institutes of the Laws of England, 1797). Murder is defined by the Law as causing the death of a human being within the Queen’s peace with the intention to kill or cause grievous bodily harm. It comprises of 2 elements. These are the actus reus (guilty act) and the mens rea (intention).
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person injured therein, for the recovery of civil damages as a result of any act or omission
Describe tort law and the types of damages in a tort lawsuit. Provide two examples of tort damages in the business environment.
Misrepresentation – giving a false statement to the other party with the intentions to benefit or to exploit the other party than the law can end the contract in that case.