This 5 page paper considers a case supplied by the student where a business in purchased and facts are either misrepresented purposefully by or accident, there is silence on changes and advice is given, as a friend, by a solicitor. The writer considers what action is open to the purchaser against both the business vendor and the solicitor.
Name of Research Paper File: TS14_TEmisrep.rtf
Unformatted Sample Text from the Research Paper:
the business is providing, and items which may not have been represented to her correctly. She is also concerned that after showing her contract for the least to her friend,
who was a family solicitor over a drink, that she did not notice the fact that the shop was not allowed to open on Sundays. The issue of details
given about the shop will be considered first. Here were need to consider if there is any misrepresentation on the part of Flora. If the shop sales were falling and
Flora was eager to get out whilst the business appeared more healthy, which may have been the case then she may have had the motivation to allow misrepresentation to take
place. However, to determine this we need to look to the law. If there is an active misrepresentation the question needs to be considered if this becomes a term
of the contract, or if it is to remain a mere representation. This needs to be considered as the different type of misrepresentation will resulting different remedies. If we
consider the way that the misrepresentations, if it is seen as that. Take place we can argue strongly that it is unlikely to be a contractual term, and as we
are limited in space we will look to the perspective that these are still mere representations. If this is the case there are two main remedies available to
the individual who was the misrepresentee, the potential rescission of the misrepresented contract, however, in some instances this may be barred, or the awarding of damages (McKendrick, 1998). For this
to be held there needs to be certain requirements (Card et al, 1998). These are that the misrepresentation needs to be on that is seen as fact, that it needs