i) The misrepresentation must be of fact or of law. An expression of opinion or belief incapable of actual proof, cannot be actionable. However, particular belief or opinion may amount to a misrepresentation, if it is a question of record that can be proved or disproved.
ii) Misrepresentation must have induced the contract. Reliance on the statement is obviously not present where the party to whom it was addressed was ignorant of the statement’s existence. Nor could the misrepresentation be said to have induced the contract if the party to whom it was addressed, despite being aware of it, formed his own judgement as to the matter.
iii) Lastly, false statement of fact or law must have been addressed to the person ...
... middle of paper ...
...may have excluded the statements but you can’t exclude your presence in an investigation to benefit yourself. House of Lords stated, if the representee carries out his own investigations, then he does not rely on the representation. If my client, did make a misrepresentation, it would be a wholly innocent one. A wholly innocent statement is a false statement which the person makes honestly believing it to be true. At common law, the only remedy available to a person induced into entering a contract by an innocent misrepresentation (which was not a term of the contract) was rescission of the contract. Because rescission requires that parties be restored to their pre-contract positions, this remedy may be lost if the contract has been performed. Generally, the plaintiff (Brian) have no right to damages for any loss suffered as a result of an innocent misrepresentation.
Need Writing Help?
Get feedback on grammar, clarity, concision and logic instantly.Check your paper »
- In light of recent events and a history of tensions between the police and the public, this research focuses on the ways in which the law and the legal system in the United States functions to protect the public against police violence and misconduct. The Tenth Amendment to the U.S Constitution delegates to the states the power to enact measures to “preserve and protect the safety, health, welfare, and moral of the community.” West 's Encyclopedia of American Law, continues to describe police power “as the basic right of governments to make laws and regulations for the benefit of their communities.... [tags: Police, Police brutality, Law, Police officer]
1515 words (4.3 pages)
- ... Financial greed can force an attorney to take on more cases than he can handle resulting in inadequate legal work and client neglect. When these issues become too much for the client, he may become overwhelmed and frustrated and we quickly sail into the reality of legal malpractice. This is where good records management comes into play. Records management is a critical part of the office management. Having a solid filing system will eliminate potential risks and liabilities associated with a case.... [tags: Communication, Finance, Attorney]
1526 words (4.4 pages)
- In the court of law, eyewitnesses are expected to present evidence based upon information they acquired visually. However, due to memory processing, presenting this information accurately is not always possible. This paper will discuss the reliability of eyewitness testimony, its use in a relevant court case, and how the reasonable person standard relates to eyewitness testimony. One cannot always accurately reproduce information due to the stages of memory processing that occur after witnessing an event.... [tags: court of law, memory processing]
952 words (2.7 pages)
- The term “anchor baby” refers to a child born to a noncitizen mother in a country which has birthright citizenship, especially when viewed as providing an advantage for family members seeking to secure citizenship or legal residency, as defined in the Race and Racism in the United States: An Encyclopedia of the American Mosaic. There have been many disputes on whether children of illegal immigrants should be granted citizenship at birth. Most immigrants come to the United States to have a better life for themselves and their families.... [tags: United States, Immigration to the United States]
1000 words (2.9 pages)
- According to Race and Racism in the United States: An Encyclopedia of the American Mosaic, “On Tuesday September 11, 2001, at 8:45 A.M., a plane crashed into the North Tower of the World Trade Center in New York City. Then at 9:03 A.M., a second plane hit the South Tower. At 9:43 A.M. a third plane flew into the Pentagon in Washington, D.C. A fourth plane went down near Somerset County, Pennsylvania, near Pittsburgh” (Gallagher and Lippard 1124). The 9/11 is the very shocking terrorist act that have happened on the United States.... [tags: Al-Qaeda, September 11 attacks, Taliban]
1015 words (2.9 pages)
- Korean American Immigrants Before the World War II era, the smallest Asian community to settle in the United States of America was the Korean American community. Between 1903 and 1905, immigration records show some seven thousand Koreans migrated to Hawaii. Hawaii had been annexed to the United States in 1898 and organized as a territory in 1900 A fraction of those immigrants came to the mainland. After 1905, sizable. Korean emigration was all but stopped by Japanese overlords. Tens of thousands of Koreans then went or were brought to Japan, but their descendants are still not granted citizenship and other human rights.... [tags: Papers]
2424 words (6.9 pages)
- Petticoats, Pistols, and Politics: How Going West Changed the Role of the American Woman I can remember listening to the stories of Sacajawea and Betty Ross in Elementary school. As I sat and imagined a young mother leading a company of men eight thousand miles across the untamed territory, I immediately pictured myself as the indian squaw. I daydreamed of being far away from the restraints of the stuffy, fluorescent lit classroom, free and wild, running with wolves. I was left believing that the Indian girl that journed west was an exception to her gender.... [tags: Women's suffrage, Woman, American Old West]
1650 words (4.7 pages)
- Topic #2 African Americans experienced profound uprisings in civil rights which has signified the period of 1865 and 1929 to be one of vast political, social, and economical change. The Civil War ended in 1865 after Abraham Lincoln signs the 13th amendment outlawing enslavement. This became the catalyst to vital changes to African Americans. Despite positive changes there was plenty of challenges in their daily lives. Organizations were formed in order to strengthen the voice of the oppressed so they could gain civil rights.... [tags: African American, W. E. B. Du Bois]
842 words (2.4 pages)
- Many different civilizations existed on the American continent, before the United States was formed, Around 400 years ago, people from the England, Spain, Netherlands, and France had already arrived in North America and began to establish their small, independent colonies. These different civilizations traded, mixed, and fought with each other did lots of struggle for existence. In 1789, Colonies were united and formed a common government based on an agreement known as the Constitution. The Constitution was considered to be a non-binding agreement.... [tags: Slavery in the United States, American Civil War]
1586 words (4.5 pages)
- The story of the American West is still being told today even though most of historic events of the Wild West happened over more than a century ago. In movies, novels, television, and more ways stories of the old west are still being retold, reenacted, and replayed to relive the events of the once so wild and untamed land of the west that so many now fantasize about. After reading about the old west and watching early westerns it is amazing how much Hollywood still glorifies the history and myth of the old west.... [tags: US History West Western]
1215 words (3.5 pages)