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Short essay on Misrepresentation

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❶As set out in Section 2 2 of the Misrepresentation Act for negligent and innocent misrepresentations, there is a choice between rescission and damages to adequately compensate the representee.

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A, a horse dealer, sold a mare to B. The mare had a cracked hoof. A knew this fact and he filled it up to conceal its defect. Later on, the buyer discovered the defect. In this case it was held that the buyer could avoid the contract on the ground of fraud. A has no money in his pocket. In spite of knowing this, he takes dinner at a restaurant with the intention of slipping away. It is impossible to prepare an exhaustive list of acts which can be called fraud.

The human mind is very fertile in this respect. Every day, we come across a new way or method of fraud. Hence, law has defined fraud to include any act which is undertaken to deceive. This clause is also of general nature. Numbers of acts or omissions have been declared fraudulent. For example, misuse of railway concession. A is guilty of fraud:. Preserve Articles is home of thousands of articles published and preserved by users like you.

Here you can publish your research papers, essays, letters, stories, poetries, biographies, notes, reviews, advises and allied information with a single vision to liberate knowledge. Before preserving your articles on this site, please read the following pages: Short essay on Misrepresentation Sudhir Singh.

By breach of duty: Weber mainly cites the works of Benjamin Franklin who quoted that time is money and no one should sit idle if they can make money by doing any job. Thus, Weber reveals the usefulness of every job as he sees work as a blessing and calling by God, so as one works, he is actually devoting his efforts to praise God.

The spirit of capitalism was observed to not only grip the Western culture, but also the heroic individuals that embraced it and strived towards a new economic order. He, however, noted that such a spirit would soon be removed from the church and people made to choose between capitalism and religion.

According to then newly formed religions, people were compelled to follow a secular vacation as passionately as possible and thus would be assured of accumulating wealth. The religion was against thrift, at the same time portraying the urchase of luxuries as a great sin. They also suppressed donations to the church and often frowned at helping the poor since it was viewed as encouraging beggars. The Protestant religion also viewed an individual hand in hand with the kind of work he did, and therefore one had to be in harmony with God and to glorify him by doing it perfectly.

The words were further echoed by Benjamin Franklin who emphasized on frugality, thrift, and hard work. Weber therefore attributed the development and peaking of mass production to the influence of the Protestant ethics. Marxists had a different view on work from that of Weber and other theorists. The alienation perspective viewed work as a mechanism that turned man into a toil machine and degraded him so much that he no longer enjoyed anything generated by the toil.

The individual is withdrawn to the extent that he forgets even about himself and any other thing Cantoni, Following the arguments by Marx, Braverman observed that working with the capitalists was very exploitative and alienated towards the individual, hence employees were coerced into servitude. It led to deskilling of the workers since their duties became a routine. The capitalist managers constantly deskilled the workers so as to lower the costs that they would incur in production, while increasing productivity so that they can maximize their profits.

The deskilled workers were easy to control as they lacked direct control over production, and therefore with time, they became emotionally and intellectually unsatisfied with their work Braverman The commodity fetishism links the economic value of a property to its objective aspects.

Marx argued that private producers bought and sold commodities among themselves on individual initiative with no much co-ordination and the volume of production was only influenced by the market. The question of damages, i. The way in which damages is assessed depends on the nature of the misrepresentation, of which there are three types. This paper from studentcentral.

Fraudulent misrepresentation under statute falls under section 2 1 of the Misrepresentation Act Here, the burden of proof would be on Mr Agnew rather than Mr Drake, as under this section, it is the representor who must disprove negligence. In Howard Marine and Dredging Co. In the case of Howard Marine v Ogden, the representor did not satisfy the Court of Appeal with any evidence for having a reasonable ground to believe that the carrying capacity of the barges was as large as they had stated.

By basing their opinion on the Lloyd's Register and disregarding their own documents, which were easily accessible to them at the time the contract was concluded for verification, the plaintiffs had acted negligently.

Mr Drake could argue that Mr Agnews did not have reasonable grounds for his belief that the painting was a "genuine Van Dyck" after the painting was sold at such a low price at the Sotheby's auction where it was described as "under his eye".

This fact should have at least been brought to the attention of Mr Drake before the contract of sale was concluded. On the other hand, Agnews could have said to have had reasonable grounds for their belief after having its attribution confirmed by other expert art historians. Once fraudulent misrepresentation has been proven in any case, the remedies of both rescission and damages can be awarded "even if the loss could not have been foreseen" Royscott Trust Ltd v Rogerson [17] ; all losses that have flowed from the fraud would be recoverable.

It is unclear how damages would be rewarded if there were proof of fraudulent misrepresentation in this case, as it is not yet determined whether the painting is genuine or not. It is also questionable whether any loss has actually flowed from the fraud, as this would only apply to contracts that can continue, i. The representation may fit more accurately with another category of misrepresentation.

As set out in Section 2 2 of the Misrepresentation Act for negligent and innocent misrepresentations, there is a choice between rescission and damages to adequately compensate the representee. It is from this point that we would assess the counterclaim of Mr Agnew. Firstly, the contract may well be declared void by arguing on the doctrine of a unilateral mistake. Mr Agnews thought he was dealing with a genuine Van Dyck, whereas he was actually dealing with a painting "under his eye".

To satisfy the courts, Mr Agnew will need to prove that Mr Drake had only assumed the painting was a genuine Van Dyck. As in the case of Bell v Lever Bros. If there was a genuine mistake, a remedy may be available in equity to Mr Agnew. A remedy in equity would either offer specific performance, rescission, or rectification.

However, it is clear from the facts of this case that a representation was involved so an argument of mistake would be unlikely to succeed. On another point, it could otherwise be said that there was no misrepresentation as the buyer, i.

Mr Drake, had accepted the goods after a reasonable lapse of time. In Leaf v International Galleries [19] , a Constable painting was sold to the defendant in It was not until when the plaintiff tried to sell the painting to a third party, that he discovered the painting was not in fact a genuine Constable.

The Court of Appeal held that the remedy of rescission and repayment of the purchase price had been lost due to a lapse of time. Therefore, where Mr Drake has tried to rescind the contract and reclaim damages after four years of purchasing the Van Dyck painting, the court could infer that the remedy has been lost after expiration of reasonable time.

The misrepresentation must at least be negligent in order to claim damages as the time runs from the date when the fraud could have been discovered. In assessing whether Mr Agnew was negligent in his representation, we would need to ask whether he had a duty to exercise his judgment with reasonable care and skill, whether there was a "special relationship" between Mr Drake and Mr Agnew.

The test for the liability of negligent misstatement can be found in the House of Lords judgment of Caparo Industries plc v Dickman [20] , a special relationship exists where the advice is required for a known purpose, the advisor knows that his advice will be communicated to the advisee, the advisor knows this advice will be acted upon, and that the advisee has acted upon it.

It was said in this case, that when approaching the question of whether a party has acted negligently, there needs to be evidence of a "special" or "fiduciary relationship". This was defined as where there was an assumption of responsibility by the defendant and foreseeable detrimental reliance by the claimant. The requirement of a "responsibility" of the defendant is determinable by a number of factors set out in Hedley Byrne.

The first is the knowedge of the representor adnn the extent of which he or she knows that his statement will be relied upon by the representee. In the present case, Mr Agnew would surely be aware that such a statement would be relied upon by customers who entered his art gallery. It is also required that where there is a special skill in the subject matter, reasonable care and skill need to be taken when making pre-contractual statements Smith v Eric Bush [22] , so extra care must be taken in such circumstances.

It must also be reasonable for the representee to rely upon the statement Esso Petroleum Ltd v Mardon [23] , and finally, the question of a fiduciary relationship also depends on whether the statement was made to be relied upon. In relation to our present facts, it seems as though an actionable misrepresentation for negligence is more likely to succeed than one of fruad. Mr Agnews' should have taken more care over the making of his statement as objectively, it would most likely be relied upon by any ordinary consumer.

The newspaper report tells us that the catalogue specifically mentioned that there was "a conflict of expert opinion" over the painting's attribution. Is this sufficient to exclude liability for a false statement made by Mr Agnew?


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Misrepresentation Essays. A misrepresentation is a false statement of fact, inducing another to enter into a contract. 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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The Misrepresentation of Hip-Hop Essay Words | 7 Pages Jay-Z is known for being one for not only being one of the best rappers in hip-hop but also having a successful career in and outside of hip-hop.

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Misrepresentation can be known as statements made on a contract Innocent misrepresentation occurs when someone makes a statement believing it to be true, when rather in fact, it is a false statement. It really happens in an innocent nature, no deliberate intentions inflicted. Strong Essays words | ( pages) | Preview The Misrepresentation of Pit Bulls in the Media - The misrepresentation of Pit Bull breeds in the media has been reflected in American culture.

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Misrepresentation essay - experience the benefits of professional writing help available here Proposals, essays & academic papers of top quality. Stop receiving bad marks with these custom research paper tips. The exclusion of liability for misrepresentation is subject to section 3 of the Misrepresentation Act and satisfaction of the reasonableness test under section 11(1) of the Unfair Contract Terms Act