misrepresentation contract law essay

are considered representations and thus enforceable under the contract and some which become terms of the contract. Norwich Union Insurance Limited v Meisels 20 (QB) or if there is a duty of disclosure between the parties (. In Edwards v Skyways Ltd (1964)- the defendant was promised on being made redundant, and withdrawing his pension contributions, the company would give him an ex gratia (given out of grace- accepting no liability) payment of the same again. _ Bibliography: Slapper,. Gianni told Donna that planning permission had been applied for. This is however a lower amount, the damages given represent the difference between what the representee thought they were getting and what they actually got.

Misrepresentation can take various forms, such as fraudulent or negligent, the latter falling under innocent misrepresentation and each carries with it particular rights to damages in court and different burdens of proof.
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As per Lord Wilberforce in The Eurymedon, an enforceable contract would where can i buy a personal statement have to consist of a valid offer and agreement, consideration, an intention to create legal relations and there has to be no vitiating factors. However, the court must be satisfied that the mistake was sufficiently fundamental to the contract in order to render it void at common law; Great Peace Shipping Ltd v Ttsavliris Salvage (International) Ltd 2002 ewca Civ 1407. A representation is a statement made to a representee by a representor, related to the representee by way of verbal or written denial, affirmation, description of otherwise by matter of fact. If the statement that has been made is untrue, then this may amount to a misrepresentation and thereby affect the validity of the contract, whether or not this is a statement of fact or law as shown. Again, this makes it more difficult for a claim to be established and a representee cannot be said to have been induced by the misrepresentation if he did not materially rely on it (McKendrick, 2011: 242).

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misrepresentation contract law essay

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