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misinterpretation

law
Original post by lawstudent453
law

Words don't cost money, why don't you explain what question you are asking in a little more depth?
Original post by harrysbar
Words don't cost money, why don't you explain what question you are asking in a little more depth?

This is my scenario
‘I am selling the business for £70,000 and at that price it is an absolute giveaway.
I am selling because I intend to retire.
If you are interested I suggest you decide quickly as there are two other interested parties.’

Leo made this last statement falsely as he wanted to put pressure on Risham to make a quick decision.

Rishaan bought the business for the asking price. Six months later the following events happened:

These are the questions that I have to answer

(a) Leo opened up another café close by. He had intended to retire but after selling the business to Rishaan, he changed his mind as he found staying at home boring.

It isn’t misiterpretation

(b) Rishaan discovered that she was the only party interested in buying the business.

(c) Rishaan has had the business valued and she has been told it was only worth £30,000 at the time of the sale. She could have discovered this if she had inspected the books, which Leo gave her an opportunity to do. She declined this opportunity, however, as her main motive for buying the business was to obtain the land, which she thought could be developed into flats for a substantial profit.
How do you think you should answer it?
Original post by james_law
How do you think you should answer it?

I know I have to use IRAC that's about it, I need some help
Original post by lawstudent453
I know I have to use IRAC that's about it, I need some help

Right well use it and give me something to work with.
Also note that the doctrine is called misrepresentation not "misinterpretation", which might be why you can't find anything in your textbooks about it and haven't even made an attempt at a substantive answer.
Original post by james_law
Right well use it and give me something to work with.


According to Atkin and McDonald misrepresentation is false statement of an existing or past situation made by one party of the contract to the other, before or at the time of the contracting on which the other party had relied on. Moreover, where misrepresentation is evident the contract becomes voidable to the effected party who can then choose depending on the type, whether to set aside and treat it as if it never happened (recession) or continue with the contract.

To establish whether there has been misrepresentation, there are a few things that need to be determined. There are many aspects that misrepresentation should be looked at. Firstly, in order to file for misrepresentation, there should be a ‘false statement of fact’ involved.
Original post by lawstudent453
According to Atkin and McDonald misrepresentation is false statement of an existing or past situation made by one party of the contract to the other, before or at the time of the contracting on which the other party had relied on. Moreover, where misrepresentation is evident the contract becomes voidable to the effected party who can then choose depending on the type, whether to set aside and treat it as if it never happened (recession) or continue with the contract.

To establish whether there has been misrepresentation, there are a few things that need to be determined. There are many aspects that misrepresentation should be looked at. Firstly, in order to file for misrepresentation, there should be a ‘false statement of fact’ involved.

This literally serves no purpose whatsoever, why copy and paste something.......

Regurgitating a piece of textbook is going to get you no marks at all. When i said use IRAC, do you understand what IRAC is??
Original post by james_law
This literally serves no purpose whatsoever, why copy and paste something.......

Regurgitating a piece of textbook is going to get you no marks at all. When i said use IRAC, do you understand what IRAC is??

I didn't copy this this is my introduction?
Original post by lawstudent453
I didn't copy this this is my introduction

Well it serves no purpose to anyone trying to helping you.

Answer the questions or give us a structure of how you would answer them, and we can help you.
Original post by james_law
Well it serves no purpose to anyone trying to helping you.

Answer the questions or give us a structure of how you would answer them, and we can help you.

that the problem lol idk how to answer this, there no model answer was given because lessons were cut from the corona virus, the PowerPoints are useless
Original post by lawstudent453
that the problem lol idk how to answer this, there no model answer was given because lessons were cut from the corona virus, the PowerPoints are useless

Model answers are very rarely given. Well if you want help I strongly suggest you try answer it.
Original post by james_law
Model answers are very rarely given. Well if you want help I strongly suggest you try answer it.

do you have any tips because its looking bad rn its due Monday , I know its fraudulent misrepresentation
Original post by lawstudent453
do you have any tips because its looking bad rn its due Monday , I know its fraudulent misrepresentation

I dont mean to sound rude but what work have you even done on this, a quick google search brings up a full problem scenario with model answer. I really like helping people out and do my best to do so but you really sound like you have not done anything at all.

If my memory serves me correctly there are plenty of cases in this area and the main ones would have been taught to you and/or you would have seen them in your reading.

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