Misrepresentation Essay

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Recommended: Deceptive Advertising

a. It is clearly evident that on the basis of the advertisement in the magazine I was allured to enquire about the product from the company. The advertisement specifically gave the technicality of the products and its specifications. It was clearly evident from the advertisement that it was given with a view that customers would be encouraged to buy the product that is why every specification was given in the advertisement as well as the address from where the product can be purchased. Now when the advertisement is clearly analyzed it is evident that the advertisement stated false claims like it can be used in any type of sound delivery equipments and after scientific tests it has been proved that it improves the sound quality by 50 %. But when the product was put to actual use it was faulty and did not satisfy any of the things claimed in the advertisement. In the present scenario if it is analysed carefully a clear case of misrepresentation is established under the Contract law. The main ingredients to prove misrepresentation in contract are firstly a false statement is made and secondly the statement has such a value that the other party acts on the statement and thirdly due to the act on the basis of that statement the other party suffers losses (http://www.lawteacher.net/contract-law/lecture-notes/misrepresentation-lecture.php). As we see in the case of Krakowski v Eurolynx Properties Ltd wherein an agreement was made between the plaintiff and defendant in which defendant had agreed to provide a strong tenant to the plaintiff which was subsequently provided but the defendant concealed the material fact that it had signed another agreement with the tenant which provided the tenant with the funds for the rent for first thre... ... middle of paper ... ...any is expertly dealing in these products for years thus believed on their advice which I considered expert advice thus they have exercised their position of advantage to cause a loss upon me and I gain no advantage in this deal. g. I would file the case in local district court having the jurisdiction over the area where cases of civil nature are decided. If any of the parties are dissatisfied with the outcome of the judgement they have to appeal on the points of law to the appellate courts where the appeal lies pending from that court. But in the appellate court the discussions on facts and evidences would not be allowed and no new facts would be presented without the leave of the court only points of law would be discussed. References: 1. http://www.lawteacher.net/contract-law/lecture-notes/misrepresentation-lecture.php.

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