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 in which the Contract Act defines that the Positive Assertion of facts leads to Misrepresentation and how such a definition fits in with the general scheme of the Contract Act, with the hope of responding to some of the difficulties the definition of Misrepresentation raises for contract law.
According to Mckendrick, a proposed definition of Misrepresentation is “A misrepresentation can be defined as an unambiguous false statement of fact which is addressed to the party misled and which induces that party to enter into contract.”
As we look into the Contract act, under Section 18(1), “Misrepresentation is the positive assertion, in a manner not warranted by the information of the person making it, of that which is not true, though he believes it to be true.” According to my analysis, misrepresentation is when the person making a statement is innocently, and he makes the statement without having any intention to deceive the other party. His statement is false although he himself believes that it to be true. This is Misrepresentation. Moreover, Misrepresentation is against the fraud, where is the intention to deceive the other party to enter into the agreement.
On analyzing, the statement must have positive conduct on the part of the pa...
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...ions where neither a collateral contract nor fraud is recognized. In case of Hedley Byrne V. Heller [1964] A.C., where the court observed that a statement made negligently that was based upon can be actionable in tort.
The reader can conclude that the Positive Assertion of facts that may be half true or false but without an intention to deceive and for to enter into the contract is Misrepresentation. In addition, it tells about how ICA laws deals under section 18 (1) of ICA for the Misrepresentation in the above including innocent misrepresentation, negligent misrepresentation and fraudulent misrepresentation with examples of cases discussed. The discussion also highlights for the reader is to make be sure for the contract is to be lawful real and in good faith, if unlawful than it will be consider as void and ICA Laws will deals against it under Misrepresentation.
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.
Equality in American Democracy American democracy changed drastically after the Civil War. One of the major changes in American democracy was equality. Today, American citizens are more equal than the Americans before the Civil War. Major movements, events, and government decisions changed the way people view equality today. Some of these changes improved the equality between American citizens, but others only increased the inequality.
According to Merriam-Webster’s dictionary, lying means to tell an account of an untrue event or give false information.
In the United States, the negative implications of misrepresentations of
It is commonly accepted that an estoppel is a legal doctrine which prevents a person from negating or claiming a fact due to that person’s prior conduct. The doctrine of estoppel has been applied for years and different forms of estoppel have been established. For the purpose of this essay, I will predominantly concentrate on promissory estoppel in relation to the law of contracts. This essay will be approached by discussing the issues of pre-contractual liability, consideration, reliance and the doctrine as a cause of action or defence and a slight comparison of the standpoints that various jurisdictions hold towards these issues. These arguments would conclude the uncertainty of the doctrine and thus, the difficulty and issues that would be faced with the codification of the estoppel.
At the same time, however, even though people have the tendency to be dishonest, not all lies are legally prosecutable. When asked to judge another person’s appearance, for example, some tend to lie in favor of that person, just to make the person feel better. When trying to avoid doing chores, some tend to lie about being too occupied with homework. Those are what I considered to be lies in the names of politeness and laziness; lies that cause no harm to others.
Lying is being deceitful. It is construed in more cases than not, as the opposite of being truthful. Yet, there’s more to it than that. A person can lie without actually saying anything false. There’s such a thing as ‘lying by omission’ and little ‘white lies’ to keep people baffled as to what dishonesty is. In reality, mendaciousness is a sickness that haunts its nurturers without letting go. Then, after a while, a person can get so good at this ‘skill’ that they even begin to lie to themselves.
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...
I will delve into the moral issues that people have when they think about deceit. My personal definition of deceit is when someone manipulates another person into believing what they are saying is the truth even if it may not be. In this paper I will argue that there are different degrees of deceit that don’t always break someone’s trust. The evidence I provide will show that our definition of deceit in our Western culture is impaired. It will show people who believe that deceit is morally wrong and it can only bring about distrust may need to re-evaluate their definition of deceit.
In the case where the customer a wants to purchase a certain shoe but the shoe store does not have her/her size, and the salesperson tries to trick the customer into purchasing a larger shoe, the sales associate lying and deception is morally un...
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.
...sidered to be legit and trusting. Contracts can be written, verbal and face to face; these contracts have terms and conditions that are very important and if breached are accompanied by different consequences whether serious or trivial.
I agree with the statement "honesty is the best policy". People will be able to trust people who are honest, liars will have rumors spread around about them, and it's just plain easier to tell the truth. Nobody likes people who lie all the time and won't know whether to trust them or not. People get annoyed by people who lie a lot.
It is an unlawful act made by various parties of a specific good or service to inaccurately advertise their product, through false or misleading statements. (http://www.nka.com/practice-areas/consumer-rights/false-advertising-deceptive-marketing/) Advertisers should strongly evade advertisements that have the ability to deceive, regardless the fact that nobody may be deceived and the very first step is to recognizes those practices.
According to Merriam-Webster’s dictionary, lying means to tell an account of an untrue event or give false information.