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Misrepresentation
In common law jurisdictions, a misrepresentation is a False statements of fact, false or misleading''Royal Mail Case, R v Kylsant'' [1931] Question of law, statement of fact made during negotiations by one party to another, the statement then inducing that other party to enter into a contract. The misled party may normally rescind the contract, and sometimes may be awarded damages as well (or instead of rescission). The law of misrepresentation is an amalgam of contract and tort; and its sources are common law, equity and statute. In England and Wales, the common law was amended by the Misrepresentation Act 1967. The general principle of misrepresentation has been adopted by the United States and other former British colonies, e.g. India. Representation and contract terms A "representation" is a pre-contractual statement made during negotiations. If a representation has been incorporated into the contract as a Contractual term, term, then the normal remedies for breach of contra ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Misrepresentation Act 1967
The Misrepresentation Act 1967 (c. 7) is a United Kingdom Act of Parliament (UK), act of Parliament of the United Kingdom which amended the common law principles of Misrepresentation in English law, misrepresentation. Prior to the Act, the common law position was that there were two categories of misrepresentation: fraudulent and innocent. The effect of the act is primarily to create a new category by dividing innocent misrepresentation into two separate categories: negligent and "wholly" innocent; and it goes on to state the remedies in respect of each of the three categories. The Misrepresentation Act Section 1 Removal of certain bars to rescission for innocent misrepresentation. Where a person has entered into a contract after a misrepresentation has been made to him, and— :(a) the misrepresentation has become a term of the contract; or :(b) the contract has been performed; or both, then, if otherwise he would be entitled to rescind the contract without alleging fraud, he sh ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Spice Girls Ltd V Aprilia World Service BV
''Spice Girls Ltd v Aprilia World Service BV'' 002EWCA Civ 15 is the leading English contract law case concerning misrepresentation by conduct. Geri Halliwell's departure from British girl group the Spice Girls on 27 May 1998 was the subject of a lawsuit by Aprilia World Service B.V. (AWS), a manufacturer of motorcycles and scooters. On 9 March 1998, Halliwell informed the other members of the Spice Girls of her intention to withdraw from the group, yet the group signed an agreement with AWS on 24 March and again on 30 April, and participated in a commercial photo shoot on 4 May in Milan, eventually concluding a contract with AWS on 6 May 1998. The Court of Appeal of England and Wales held that their conduct constituted a misrepresentation In common law jurisdictions, a misrepresentation is a False statements of fact, false or misleading''Royal Mail Case, R v Kylsant'' 931 Year 931 ( CMXXXI) was a common year starting on Saturday of the Julian calendar. Events By p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Warranty
In law, a warranty is an expressed or implied promise or assurance of some kind. The term's meaning varies across legal subjects. In property law, it refers to a covenant by the grantor of a deed. In insurance law, it refers to a promise by the purchaser of an insurance about the thing or person to be insured. In contract law, a warranty is a contractual assurance given, typically, by a seller to a buyer, for example confirming that the seller is the owner of the property being sold. A warranty is a term of a contract, but not usually a condition of the contract or an innominate term, meaning that it is a term "not going to the root of the contract",Hogg M. (2011). ''Promises and Contract Law: Comparative Perspectives''p. 48 Cambridge University Press. and therefore only entitles the innocent party to damages if it is breached, i.e. if the warranty is not true or the defaulting party does not perform the contract in accordance with the terms of the warranty. A warranty is not ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
