How To Answer A Question On Misrepresentation

How To Answer A Question On refutalA contr fare whitethorn be define as a legitimately binding musical arrangement between two or much parties, in relation to a particular correction. Contracts undersurface cover an highly broad range of matters, including the cut-rate sale of goods or real property, the terms of work or of an autonomous slenderizeor relationship, the settlement of a dispute, and ownership of clever property developed as part of a work for hire. It can be said that contracts are the essential to commercial life. In Malaysia, the seteousness of contract is regulated by the Contracts Act 1950.On the 6th of declivity 2012, Ted saw an expensive Rolex postdate on display in unitary of the scabs in GS Megamall, took it and while walking to the cash inier counter, saw other pump (Seiko) and was taken by it. He immediately returned the Rolex watch in prefer the new one. The manager of the shop, who was watching Ted, was not satisfied with Teds achievem ent and t white-haired Ted he has to yield for the Rolex watch as he had picked up the Rolex watch. colligate case that can be referred is Pharmaceutical Society of Great Britain v Boots Cash chemist Ltd 1953. The virtue requires that the sale of certain pharmaceuticals must be autoried out under the supervision of a qualified pharmacist. Boots operated a neckcloth where the drugs were displayed on a self-service basis and the customers paid at a cash desk for the goods they arrest selected. A pharmacist was present at the cash desk hardly not at the shelves where the goods were displayed with a price tag. The Pharmaceutical gild claimed that the law was contravened. The judgeship held that the display of goods in the store was not an cleft but an invitation to treat. It was the customer who make the supply and Boots could both accept or reject this cater at the cash desk (in the presence of the qualified pharmacist). The act of constituting the acceptance is the ringing up of the price on the bank by the cashier and at that moment a binding contract of sale is made.In the case of goods on display in a shop or supermarket, the law has decided that it is the customer who makes the rear by winning the goods and placing them on the market keepers or cashiers counter, and the shopkeeper or cashier accepts the offer by evaluate the customers money. But Teds offer is not yet authoritative by the shopkeeper because he does not place it on the shopkeepers or cashiers counter.It is important to know which ships company makes the offer and which accepts. Actually, the price displayed on the goods is not the offer, it is only an invitation for the customer to make an offer and it is only an invitation to treat. The claims from the manager which he argued, by picking up the Rolex watch Ted has accepted the offer by the shop is invalid. Thus, ted is not liable to pay for the Rolex watch.This question deals with offer and acceptance. Is the flyer received by Ted is an offer or an invitation to treat? An offer is defined as a statement made by one party of a willingness to enter into a contract on stated terms, provided that these terms are, in turn, accepted by another party to whom the offer is addressed.Ted received a flyer from Rayan advertise an Ipad tablet for sale , but no price of the Ipad is stated in the flyer . Therefore, from the flyer , it is observed that Rayan is not seeking any likely buyer to make him an offer but Rayan himself is the offeror. The offer from Rayan is an offer may be made to an individual or to a large human activity of people.There was a case related to this situation which is Carlill v Carbolic bay window world Co. (1892). Carbolic smoke Ball Co. Ltd., in its newspaper advertisement, promised to give speed of light to anyone who purchased their smoke ball remedy for influenza, and caught illness within 14 days. To fork out good faith, the company deposited 1000 with a bank to meet any claim s. Mrs. Carlill bought the remedy, caught influenza and claimed 100. The court held that the advertisement was an offer to the world at large, and Mrs. Carlill had accepted the offer by purchasing and taking the remedy. An offer must be a definite promise by which the offeror intends to be legally bound by the terms stated. In Carlill v Carbolic Smoke Ball Co., the fact that 1000 had been deposited with a bank surfaceed that it was a firm offer and the company intended to be legally bound.Ted wrote a garner to show his interest on the tablet and Rayan replied on the 8th of Dec offer the tablet for RM 800. Ted received the letter on 9th of Dec and affix the letter of acceptance on tenth of Dec .This showed that Ted had accepted the offer from Rayan and the postal rule is applied in the case. The postal rules only apply when the acceptance is sent by post as stated in the case. bridal here takes upshot when the letter is posted. In other words, where acceptance by post has been requested or where it is an appropriate and reasonable promoter of communication between the parties, then acceptance is complete as soon as the letter is posted, even if the letter is delayed, destroyed or lost in the post so that it never reaches the offeror.There was a case related to this situation which is Adams v Lindsell. Lindsell wrote to Adams on Tuesday 2 Sept 1817. Lindsell misdirected the letter and as a result it was not received by Adams till 7.00pm on Friday 5th Sept. On that evening Adams posted a letter accepting Lindsells offer. The letter of acceptance was not received by Lindsell till Tuesday 9th Sept. On Monday 8th Sept, Lindsell not having received the answer on sunlight 7th Sept, as they expected, sold the wools to another person. The issue before the court was as to when acceptance took effect. The court held that acceptance took effect when the letter was posted on 5th Sept.Since Teds letter of acceptance was posted on 10th of Dec , and it was only receiv ed by Rayan on the fifteenth of Dec, but the acceptance took effect when the letter is posted on 10th of Dec. Therefore , the conclusion is Ted shall has the right to buy the Ipad.Ted had bought a new motor car, Proton look-alike at Jason Autos whereby Jason told Ted that the mileage of the car has not make for more than 80.000 kilometers. However, on the next day after Ted bought the car, Teds friend, nib, who was a mechanic, had told Ted that the car has been done around 150.000 kilometers.In this case, it involves of misrepresentation during the process of negotiation between Ted and Jason. originally the contract is made, Jason claims that the mileage of the car was not done more than 80.000 kilometers, this is a representation made by Jason during the negotiation, which turned to be untrue when Peter told Ted that the mileage of the car was about 150.000 kilometers after the contract is made. According to dents 19 and 20, when consent to an agreement is caused by coercion , fraud or misrepresentation, or baseless deviate, the agreement is a contract voidable at the alternative of the party whose consent was so caused. In this case, it can be a ambidextrous misrepresentation. Fraudulent misrepresentation occurs when one makes representation with intent to deceive and with the friendship that it is false.This can be related with the case of Derry v Peek (1889), in a company prospectus the defendant stated the company had the right to use steam cater trams as oppose to horse powered trams. However, at the time the right to use steam powered trams was subject of approval of the Board of Trade, which was later refused. The claimant purchased shares in the company in confidence of the statement made and brought a claim based on the aver fraudulent representation of the defendant. The court held that the statement was not fraudulent but made in the honest belief that approval was forthcoming.Lord Herschell defined fraudulent misrepresentation as a s tatement which is made either knowing it to be false, without belief in its truth, or recklessly, careless as to whether it be true or false.In this case, it is believed that the representation made by Jason was recklessly, careless as to whether it be true or false, this is because the mileage of the car can be checked but Jason told Ted that the mileage was not stupendous 80.000 kilometers but in fact it reached about 150 kilometers. The mileage of the car can determine the price of the car. As the mileage is larger, the price of the car can be sold at a cheaper price. Hence, it is believed that Jason, by means of recklessly or carelessly to make the wrong representation to Ted, has an blueprint of selling the car at a higher rate of price. Therefore, if Ted recognize to affirm the contract by performing his obligations under the contract, which is to accept the car, he has the right to claim for the loss, or to repudiate the contract by travel the car back to Jason.Ted was wo rking for Mr. Davis. Mr. Davis asked Ted to sign a contract, which declares that Ted has to transfer 17% of his properties to him. Ted agreed to sign the contract because he afraid that he would be fired from his job. After that, Ted realized that he had more lose when he agreed to sign the contract with Mr. Davis. Ted wants to escape the obligations of the contract between himself and Mr. Davis.This may refer to the case Inche Noriah v Shaik Akkie Bin Omar (1929) whereby undue exercise oversteped. An old and illiterate woman executed a deed of boon of a landed property in favour of her nephew who had been managing her affairs. Before executing the deed, she had independent advice from a lawyer who acted in good faith. However, he was unaware that the put constituted practically the whole of her property and did not impress upon her that she could have equally benefited her nephew by bestowing the property upon the nephew by a will. The court held that the gift should be set asi de, because there was a presumption of undue influence raised by relationship between the parties and the presumption was not rebutted.Section 16 defines the term undue influence. Undue influence arises when one of the parties to a contract uses his special relationship with the other party to influence that other party into making the contract. Mr. Davis is using his dominant position in the relationship between Ted to influence Ted to sign the contract that is unfair to Ted. The effect of undue influence is to render the contract voidable at the option of the innocent party. Hence Ted does not have the obligation to follow the agreement signed and can be discharged.In a nutshell, from the several incidents happen to Ted, the Law of Contract regulated by the Contracts Act 1950 is implemented to entertain him. All of all, the world could not be perfect, the world is full of confliction, and so, law is here to protect our rights and also from being faulty accused or being framed by others.