Case For Business Law

Under the provisions of the law , an untrue statement of position make at the time of negotiating a contract that induces different party to enter into the contract , is a thaumaturgy . at that place are several remedies available for the injured party , and they estimate on whether the misrepresentation was dishonest , negligent , or unsophisticated . Silence cannot be construed as misrepresentation . Similarly , statements of idea cannot be treated as factsIn Derry v Peek , the familiarity prospectus had contained misleading and incorrect information . The prospectus had give tongue to that the comp both had been ap try ond by the Parliament for running trams in the city . However this was not true and in to adduce and obtain compensation for damages , the injured party had to prove fraudulent , tortuous or deceitful conduct of the otherwise party . The court held that the plaintiff had failed to prove the fraudulent deportment of the defendants and dismissed the caseInnocent misrepresentation transpires if the party can prove that the misrepresentations were made out of innocence , without any fraudulent intention and if they were not negligent at common law in accordance with section 2 (1 ) of the Misrepresentation Act 1967 , otherwise they pull up stakes not be deemed to be blameless misrepresentations .

The only rectify available in common law for a misrepresentation that was made in good faith and after fetching all reasonable care , is rescission . Remedies available for misrepresentations include damages for fraudulent or negligent misrepresentations rescission for fraudulent or negligent misrepresentations that were made innocently and damages in lieu of rescissionThe 1967 Misrepresentation Act provides several legal consequences for misrepresentations . In the case of innocent misrepresentation , the remedy available is that the innocent party can rescind the contract wholly . incline law sets out that there should not be any tortuous and equitable duties that are aimed at deceit or misrepresenting the...If you want to get a full essay, order it on our website: Ordercustompaper.com

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