Task 2: Misrepresentation In this task I will be describing the law with respect to misrepresentation in a given situation, I am also going to be identifying factors which invalidate and vitiate contracts with regards to misrepresentation. “Misrepresentation is a tort, or a civil wrong. This means that a misrepresentationcan create civil liability if it results in a pecuniary loss. For example, assume that areal estate speculator owns swampland but advertises it as valuable commerciallyzoned land
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CONTRACT OF AGENCY The general law of contracts is embodied in the Contract Act, 1872. The law of agency being a branch of the law of contracts, the same is incorporated in the said Act by giving it a full chapter on the subject. Thus sections 182 to 238 of the Contract Act, 1872 deal with the subject of Agency. Special enactments are also there and where a provision of a special Act is in conflict with the provision of the general Act, the former shall prevail unless the special law itself states
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KwikCo, is looking for a courier service which they can use exclusively to deliver parcels and documents to their clients. The advertisement calls for expressions of interest, stating that "those parties wishing to be considered for the courier contract with KwikCo should submit an application in writing to be received in KwikCo's office by 5pm on Friday, 25 April, 2008." On Monday, 21 April 2008, A sends a letter to KwikCo giving information about her company and its experience as a courier service
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under the contract. The contract states “the supplier is expected to achieve a 100 percent service rate” (Benton, p. 456). The current supply of batteries is a 20-day supply this is 70 days short the supply when normal should be a 90 day supply. There has not been a shipment in two months this lead me to believe that SDX are not making Butler a priority shipment. The action taken is to request a meeting with the attorneys to review the contract, because at this point it is a breach in contract
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Capacity to contract One of the essentials of a valid contract, mentioned in section 10, is that the parties to the contract should be competent to make the contract. According to section 11 : “Every person is competent to contract who is of age of majority according to law to which he is subject, and who is of sound mind, and is not disqualified from contracting by any law to which he is subject.” It means that the following three categories of persons are not competent to contract. 1.
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Aspects of Contracts and Negligence for Business 05-01 Kashka Lantion 24 August 2013 Mr. Jay G. Masangcay Table of Contents LO1: Understand the essential elements of a valid contract in a business context. 1 I. Explain the importance of the essential elements required for the formation of a valid contract 1 II. What is required for there to be considered to have a meeting of minds between the parties to a contract? 1 III. What are the requisites for a valid object of a contract? 2
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car to Raymond Smith. The sales contract contained language expressly disclaiming liability for personal injuries caused as a result of defects in the car and limiting the remedy for breach of warranty to repair or replacement of the defective part. One month after purchasing the auto, Smith was seriously injured when the car veered off the road and into a ditch as a result of a defect in the steering mechanism of the car. * If Smith sues the dealer for breach of warranty and the dealer defends
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to the contract based on prior or past dealings. Then, Statute terms are referred to the various states, territories and Commonwealth Trade Practices Act when the contract is formed. But in the Sale of Goods Act, it implied a number of stipulations in every contract for the sale of goods. However, these implied terms apply only when the parties to the contract of sale have not excluded or modified them. The first implied term is the implied condition as to title. It applies to all contracts for sale
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CHAPTER 1 LAW OF CONTRACTS 2 Business Law Including Company Law 1.1 NATURE OF CONTRACT [Sections 1–2] INTRODUCTION We enter into contracts day after day. Taking a seat in a bus amounts to entering into a contract. When you put a coin in the slot of a weighing machine, you have entered into a contract. You go to a restaurant and take snacks, you have entered into a contract. In such cases, we do not even realise that we are making a contract. In the case of people engaged in trade
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Case 1 Issue This problem addresses the issue of agreement, whether there is a valid contract or the offer may be terminated. In order to the contract being valid and enforceable, there is a need for the conduct of an offer and an acceptance. Rule For an offer to be valid, it contains some rules, including lapse of time. When an offer is made, it does not last forever. An offer stated to open for a specific period, lapse if the there is no acceptance within that time. If there is no set time
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