Of all the topics as discussed in the class, the topic Misrepresentation has greatly drawn my interest and I got eager to find the appropriate meaning of Misrepresentation by analysing the facts of Misrepresentation under its clause 1, different in accordance to the Indian Contact Act (1872). The term Misrepresentation is defined in Section 18 of the Act is somewhat different from ‘Misrepresentation’ are understood in ordinary parlance. In this response paper, I seek to explore the specific manner
Act, 1872 , misrepresentation means a misstatement or an inaccurate statement pertaining to any material fact in the contract. There are different types of misrepresentation, in the case at hand the core issue is fraudulent misrepresentation: Lord Herschell defined fraudulent misrepresentation in Derry v Peek as a statement which is made either: i) knowing it to be false, ii) without belief in its truth, or iii) recklessly, careless as to whether it be true or false Misrepresentation may also arise
A misrepresentation is a false statement of fact, made knowingly or otherwise, which induces the representee to enter into the contract. For the statement to be proven to be a misrepresentation, the plaintiff must prove that the statement is false and also that they would not have entered into the contract had they been aware of its falsity. If proven to be a misrepresentation, the contract may become void. The plaintiff then has the option to rescind the contract or to refuse to perform their part
Hollywood - Lies and Misrepresentations In Hollywood, many filmmakers portray a distorted view of the Internet. Filmmakers do this by giving out misinformation on topics (i.e. Sharks-Jaws, Internet-The Net) that the public knows little about. When people know little about a specific topic, they begin to fear that issue. People fear the movie because they shut down their brain and tune into their senses, completely letting go of common knowledge. The public does not like to think about the movie
Misrepresentation of Mental Illnesses by Television Media To eliminate the partial representation of mental illnesses, television media needs to focus on all sides of this illness. The media needs to show that attention deficit hyperactive disorder (ADHD) is a legitimate disorder with effective treatments. At least one in four families in the U.S. is affected by mental illnesses. Unfortunately there is no cure for this range of illnesses, which have been around for thousands of years. Of the American
rules of offer and acceptance need to be considered in determining if Gordon formed a contract with Ritebuild Ltd before they purported to withdraw their offer. Misrepresentation If it is established that a misrepresentation has been made by Anderson’s sales representative, Gordon will be advised of a potential remedy under the Misrepresentation Act 1967 Contract Formation Where a person invites for a particular project, the general rule is that the invitation to tender is an invitation to treat (Spencer
Misrepresentation in Court A misrepresentation may be defined as an unambiguous, false statement of fact (or possibly of law) which is addressed to the party misled, which is material and induces the contract. A misrepresentation renders the contract voidable and it may give rise to a right
West 's Encyclopedia of American Law ( n.d) explained that representation is any action or conduct that can be turned into a statement of fact. Whiles, a misrepresentation is a false statement of fact made by one party to another. It has already been noted that the law makes a distinction between terms of the contracts and mere representations. Statements made prior to the formulation of a contract, while they may not be considered important enough to be classified as terms, will nevertheless have
Case 31.5 Innocent Misrepresentation: In the case or Yost v. Rieve Enterprises, Inc. Rieve Enterprises engages into a contract with Mr. Yost for a lease to purchase deal. The facts of the case are that Rieve visited the Red Barn Barbecue Restaurant with the intention of purchasing. Rieve and Mr. Yost entered into a contract after Rieve conducted a visual inspection of the premises. The deal was to include a five year lease with the option to buy the land and building. Prior to the sale, the
Discrimination and Misrepresentation of Minority Races in Film Racists often believe that alternative races are inferior. Stuart Hall, an expert in the field of cultural studies who is also interested in media studies, believes that it is difficult to completely eliminate race as a "floating signifier" because it is impossible to remove the obvious physical differences of distinct races. These distinctions are made increasingly aware by filmmakers to their audiences in such films as West Side
A misrepresentation is a false statement of fact made by one party to a contract to the other party before the contract was made and which was one of the factors which induced the other party to enter the contract. The burden of proof is on BSHC to prove that all the above has been satisfied. WildeJames have indeed made a false statement as they have not actually carried out the survey and have therefore advised BSHC of facts which are untrue. It doesn’t appear that the statement was one of opinion
Advise Victor; SUGGESTED ANSWER: In advising Victor it has to be determined whether he can sue Ian for misrepresentation on breach of terms of contract. Victor will first be advised whether he can sue for misrepresentation. Misrepresentation has not been defined as a statement of fact which is untrue and which induces the other to enter into the contract. To sue for misrepresentation Victor must prove that:- i) the statement made by Ian were statement of fact ii) and the statement had
The definite legal meaning of fraud varies from legal jurisdiction to legal jurisdiction. However, fraud typically defines itself in law as an intentional misrepresentation of material existing fact made by one party to another, but with knowledge of its falsity resulting to injury and/or damage of the other party who relies upon it. Purposely failing to state material facts – also known as nondisclosure – makes statements already said misleading to the other party. Fraud is as a crime, as well
Coalport having recently been taken over by Wedgwood. Advise Jane. Jane requires advice on misrepresentation and also a possible action for damages in breach of contract. A misrepresentation is a false statement of fact, made contractually which is intended to induce the contract and which has that effect. So, in order to establish if any of Carolyn's statements will constitute a misrepresentation, it must be examined if they constitute statements of fact. First of all, with regard to the
Toni Morrison and bell hooks - Society and the Media There is a lot of misrepresentation of the black society as a whole in the media. The reason that this is true is because the mostly white society accepts this and prolongs s this misrepresentation in the media. Toni Morrison and bell hooks share some of the same ideas on sexism, racism and conformity. This American society is made up of mostly whites. The whites have an extreme effect on how the stereotypes of today relate with media.
The Power of Secrets in The Scarlet Letter Deception is defined by Webster's Dictionary as the art of misrepresentation. Throughout the history of mankind, the use of deception to promote oneself to a higher level, or to hide one's past, has been a common occurrence. In the novel The Scarlet Letter, by Nathaniel Hawthorne , Chillingworth and Dimmesdale both use deception to hide secrets from each other, and from the rest of the town. Hester Prynne is the only one who knows the
Richard Arzu v. Frank Arzu and Estanisalo Arzu 597 N.Y.S. 2d 322 Brief PROCEDURAL HISTORY: Richard Arzu brought action against his father, Frank Arzu, and step-mother, Estanisalo Arzu, alleging misrepresentation and fraud in connection with a medical malpractice action settlement monies which Frank entrusted to his father; and seeking compensatory damages and related relief. The Supreme Court, Bronx County, Silver J. , vacated ex parte order of attachment against defendants’ real and personal property
In given case study about Mr Manfredi and HappyHippie Pty Ltd This essay will discuss the requisite elements for establishing Fraudulent Misrepresentation. Where false information is provided with knowledge, or without belief in its truth, or recklessly, or carelessly as to whether it is truth or false, with the intention to induce a person to enter into a contract, causing the innocent party to suffer. This area of business law is supported by a number of cases, which have established and clarified
form of media as an avenue for African Americans to assimilate into white American culture. However, a pattern became evident, a pattern of type casting African Americans in roles which did not accurately and wholly portray the individual. A misrepresentation of African Americans became the common image on television. Variety shows initially promoted the new media as an opportunity for equal representation and communication between the races. However, a trend developed with African Americans often
Shakespeare intend for the reader or viewer of Hamlet to feel greater sympathy for Hamlet, or for Ophelia, Hamlet's lover? Both characters tug at the heartstrings throughout the play, but it is clear that 'the tragedy of the Prince of Denmark' is a misrepresentation of Shakespeare's true intention. To capture our sympathy, Ophelia goes through a transformation unlike any other character in Hamlet. She is abandoned by everyone she holds dear; her father Polonius, her brother Laertes, and Hamlet, her lover