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The importance of consumer protection
The importance of consumer protection
Negligent misrepresen case study
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Introduction Transactions play a big role in civil law. As million bargains are made daily in the world. So, people daily conclude bargains on the basis of which sell them goods, render services, perform works. Also it proceeds during all human life - from the birth to the death. To enter in a contract, parties have to give a consent to it. Unfortunately, not all bargains are concluded at the request of the parties, such bargains are illegal, because the parties (or party) did not give genuine or real assent. Such bargains are made because of mistakes, misrepresentations, duress and undue influence. In this essay, I will consider two types of misconduct are misrepresentation and duress. The research work consists of: introduction, two headings, …show more content…
A person will he liable for fraud if he makes a statement which he knows to be false, or he has no belief in its truth or he is reckless, careless whether it is true or false. For example, Dantzler makes a statement to the ABC Credit Rating Company about his financial condition that he knows is untrue. Dantzler realizes that ABC will publish this information for its subscribers. Marchetti, a subscriber, receives the published information. Relying on that information, Marchetti is induced to make a contract to lend money to Dantzler. Dantzler’s statement is a fraudulent misrepresentation, and the contract is voidable by …show more content…
For example, a real estate broker tries to sell a house to a buyer, who stresses his need for peace and quiet. The broker promises that the house is very quiet. In reality, the house next door is undergoing a very noisy reconstruction. Although the broker did not know this, her promise that the house was quiet was made without her having any reason to believe that that was the case. She simply assumed it. This would be a negligent misrepresentation (had she known about the construction and lied about it, however, that would be a much more serious fraudulent misrepresentation). Thus, English law recognize three kinds of misrepresentation. However, In UAE law a situation a bit different. According to the article 185 of UAE Civil Code: “Misrepresentation is when one of the two contracting parties deceives the other by fraudulent means by word or act which leads the other to consent to what he would not otherwise have consented to”. The definition represents that UAE law recognize only fraudulent misrepresentation, as in this misconduct must involve intention and purposeful action or inaction. Hence, two types of misrepresentation such as innocent and negligent are not recognized by UAE
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.
Should I be worried that my Associate Attorney is comtiplating using “Unauthorized Practice of Law” the reason being is because he gave me a list of instructions to complete in the case of John Doe, Executor of the Last Will and Testament of Jane Doe; those instructions included 1) meet with the Executor, 2) collect all financial information regarding the assets, debts and expenses of the estate; 3) prepare the required PA Rev.1500; and 4) sign and file the return with the Register of Wills, Adams County, PA and he said that he was not going to worry about signing off on my work?
It is believed that a false conviction is the result of an “honest mistake,”. One could disagree because wrongful convictions
A fraud is a wrong action, which is basically deprivation of the legal rights from an individual. Fraud is seen at various instances of life. There are a number of frauds that occur and every case has different rights being deprived from an individual. When frauds take place, some legal authority has to intervene and take the necessary action. The legal authority is granted with the power to decide the right that has been taken from the victim and identify the compensation to be given to the individual on behalf of the party, which has made the fraud. In this report, I will discuss some cases in which fraud caused some issues and deprivation of the basic legal rights of an individual thus resulting in
A legal discussion of the contractual breaches and their related legal elements will be examined in this section. Some of the legal issues surrounding the contractual breaches include, the legal implications of the Uniform Commercial Code (U.C.C.), the defendant’s engagement in and outputs contract while under a requirements contract with my company, the doctrine of estoppel, and the issues of good faith and fair dealing. The definitions and some of the legal implications of the implied and requirements contracts were discussed in the preceding sections. An implied contract is defined as a “contract that is established by the conduct of a party rather than by the party’s written or spoken words” (Kubasek, Brennan, & Browne, 2015,
Deception exists in media, among prestigious universities, and perhaps most commonly in the workplace. According to Dunleavy (2010), reasons for deception in the workplace include: competitiveness, conflict, or a response to a supervisor or fellow employee (p. 241). Dunleavy develops hypotheses’, conducts experiments, and collects data to determine what is considered acceptable and unacceptable behavior as it applies to deception in the workplace. Ultimately, the reason for deceiving and the method in which one deceives, through either withholding (omission) or distortion (commission), directly effects the perception of coworkers’ credibility, power, and trustworthiness (Dunleavy, p.241).
In our given scenario we are asked to discuss legal principles influencing the likelihood of any successful action against Steve in the grounds of negligence. Steve’s negligent driving caused a series of events that caused losses to the other people presented in the scenario and they take actions against Steve in the grounds of negligence. At first we must understand what negligence is. The tort of negligence provides the potenti...
There are several types of false statement. One of them is a deliberate lie, which goes under the Tort of Deceit. Another one is negligent misstatement, which is basically the statement made carelessly or without reasonable background and is included into the Law of Tort.
3) Plaintiff must prove a deliberate or intentional harm on the part of Defendant. Mistake of fact does not mean that there was no intention.
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.
This essay will go through imperative elements for implementing fraudulent misrepresentation and to provide innocent party to recover civil damages, gain an injunction or other remedies from the other party. Business law is very broad concept of law which covers all the legal issues that include many commercial and domestic cases which make up most of the civil cases and there are only few criminal cases where there has been serious breach of law. With the help of reference to relevant case law, this essay will argue that Bob Wheelie suffered loss due to fraudulent misrepresentation of historical figures of business by Mr Spoke as Bob anticipated that the business was in good financial position whereas the business was struggling and he ended
A contract is an agreement between two parties in which one party agrees to perform some actions in return of some consideration. These promises are legally binding. The contract can be for exchange of goods, services, property and so on. A contract can be oral as well as written and also it can be part oral and part written but it is useful to have written contract otherwise issues can be created in future. But both the written as well as oral contract is legally enforceable. Also if there is a breach of contract, there are certain remedies for that which are discussed later in the assignment. There are certain elements which need to be present in a contract. These elements are discussed in the detail in the assignment. (Clarke,
Most deception occurs in lower income communities with money as the topic. Look at Los Angeles certain parts will have many billboards advertising gets money quick schemes. Yes, the advertisements look appealing when passing them on the freeway but once the effort is put in to do the, “get money quick scheme,” the person does get money; but the person always has to pay in back with insane interest. That’s what the company does not tell you and what the advertisements do not show. Retailers also do the loopy loop around laws so they squeeze by fraudulent and untruthful claims. Advertisements have intelligent people behind the words. They know how to make a statement sound one way, but when a person looks back at the statement closely it means something completely
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.