Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
An essay about contract
An essay about contract
An essay about contract
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: An essay about contract
In fraudulent misrepresentation, an individual not only lied or misrepresented a fact about a transaction, but the individual did it on purpose, in order to mislead the other party. Individuals also enter into contracts they would not ordinarily due to physical and economic duress and duress of goods. Undue influence in a contract results when someone has taken advantage of their relationship and uses it to their advantage over another person. Hindrances to Agreements in Contract Law Although fraudulent misrepresentation, duress and undue influence are each different in their own way, they are types of assertion that exist in contracts where an individual would not have entered into had those elements of assertion not existed. When agreements are entered into by means of fraudulent misrepresentation, duress and undue influence, the agreements are not considered to be voluntary and can be cancelled on the grounds of a lack of mutual agreement. Fraudulent Misrepresentation Fraudulent misrepresentation is one of three types of misrepresentations in contract law. In order to ...
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.
Even though the contract was properly formed, there was a misrepresentation in Perez’s offer when he said that plaintiff “would be managing the sizeable workload of the company rather than bringing in business.” Judge Scarpulla, ruling for the lower court, said that to claim for fraudulent inducement, a plaintiff must show
This case study examines various real estate contracts – the Real Estate Purchase Contract (REPC) and two addendums labeled Addendum No. 1. Addendum No. 1 and Addendum No. 2 – pertaining to the sale of 1234 Cul-de-sac Lane in Orem, Utah. The buyers in this contract are 17 year old Jon D’Man and 21 year old Marsha Mello; the seller is Boren T. Deal. The first contract created was Jon and Marsha’s offer to purchase Boren’s house.
The primary purpose of the “Statute of Frauds” (SOF) is to protect the interests of parties once they are involved in litigating a contract dispute (Spagnola, 2008). The relevant statutes are reliant upon state jurisdictions to determine whether the contract falls under the SOF, and whether the writing of the contract satisfies the requirements of the statute of frauds (Spagnola, 2008). However, all contracts are not covered under the SOF. In essence, for a contract to be deemed as legal by definition of the SOF, there must be verification of the following requirements for formation of the contract, which are as follows: (1) There must be least two parties to the contract, (2) There must be a mutual agreement and acceptance on the price to pay for goods and services offered, (3) The subject matter or reason for entering the contract, must be clearly understood by all parties to the contract, (4) and there must be a stipulated time for performance of duties under the contractual obligations (Spagnola, 2008). Lastly, there are five categories of contracts that are covered under the SOF, which are as follows: (1) The transfer of real property interests, (2) Contracts that are not performable within one year, (3) Contracts in consideration of marriage, (4) Surtees and guarantees (answering to the debt of another), and (5) Uniform Commercial Code (U.C.C.) provisions regarding the sale of goods or services, legally valued over five hundred dollars ($500.00) (Spagnola, 2008).
Weld, L. G., Bergevin, P. M., & Magrath, L. (2004). Anatomy of a financial fraud. The CPA
A party is deceived or misinform into dealing with the corporation rather than the individual.
Another factor that comes to play in this case was whether the practice violates public policy. When violating a public policy Which in this case it does because it is illegal to send false documents in order to gain or keep contracts.
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
These interests are violated by the intentional torts of assault, Battery, trespass, False Imprisonment, invasion of privacy, conversion, Misrepresentation, and Fraud. The intent element of these torts is satisfied when the tortfeasor acts with the desire to bring about harmful consequences and is substantially certain that such consequences will follow. Mere reckless behavior, sometimes called willful and wanton behavior, does not rise to the level of an intentional
There is a trend in legal policy that determines the ethicality of pretexting by interpreting deceptive activities in both a “status-based” and “conduct-based” analyses. Examples of status classifying inc...
statements may be the result of either a honest mistake or a lack of integrity
False Pretenses Under common law, a defendant is understood to commit the crime of false pretenses by making an intentional statement with the intention to defraud the victim he obtains title to the personal property of the victim. For a defendant to be accused of this crime, the deliberate false statement he makes to the victim must refer to a past or present fact or event, a false statement concerning the future or any sort of future possibilities would not suffice to fulfill that element of the crime. False pretenses differs from larceny in that title, and not just ownership of the victim's particular property is obtained by the defendant. The Law United States statutes on this topic are mostly derived from the English statutes, and the courts there in a general method follow the English explanations.
Manipulation, deception, and lying all happen in everyday lives. This paper will distinguish between manipulation, deception, and lying and why these ethical wrongs depend on the intention and not on the consequences. To outline the paper, the first section will distinguish between manipulation, deception, and lying. This section will also show how the three work together in order to formulate an ethical wrong. The next section will discuss how manipulation, deception, and lying work together to gain some type of benefit. The main goal of the section is to show how manipulation, deception, and lying depend on the individual’s intentions to benefit or get the desired outcome.
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.
To put it simply, duress is an action such as a threat, violence, brought to bear on someone to do something against his or her will or better judgment. Giving consent out of fear it is not a valid form of consent due to the fact that the person(s) involved made that decision against their will due to being under duress. For example, if a person agrees to take part in sexual activity due to fear of violence if he or she refuses to perform a sexual act. Other forms of invalid consent are when consent is given due to force, threats or sexual fraud. To commit sexual fraud is to lie or be deceitful in order to engage in a sexual activity.