Business Comtract Law

Scenario 1 - Joe The area of law dealt with in this scenario is the Law of Contract. A cringe is an concord that the law willing enforce. Parties involved in a ratify must project agreed on the terms, have the ability to consent to the sustain, to conform with the formalties of the contract and the system must not be prohibited by the law. clowning occurs when oneness party makes a false financial logical argument which in effect persuades the opposite party to enter into the agreement. thither are common chord types of misrepresentation which are recognize by the Scottish Courts. unreserved misrepresentation where the party that make the statement believes that the statement is true, in this case the court will not set apart damages, the just now follow through available would be to try and have the contract cancel or purloined. See case - Boyd & Forrest v Glasgow & South-Western railway draw and quarter Co (1912). Fraudulent misrepresentation where the party that made the statement does so with the intent of being deceptive to influence the different party to enter into the agreement. See case - Edgington v Fitzmaurice (1885). And remiss misrepresentation where the party that maked the statement does not intend to delibrately divulge the other party but has not confirmed the uprightness of the statement either. See case - Hadley Byrne & Co Ltd v hellion & Partners Ltd (1963). With fraudulent and negligent misrepresentation the wronged party has a a couple of(prenominal) remedies available to them. They can either cancel or rescind the contract, cancel or rescind the contract and want an lay out of damages or to retain the contract and seek an award of damages. Misrepresentation generally makes a contract voidable. Depending on a number of factors an agreement can be deemed void or voidable. If an agreement is declared void this factor that no contract actually exists between the parties involved and they have no l icit rights. Examples of void contracts woul! d be where the contract is illegal, where one of the parties have been...If you wish to get a full essay, state it on our website: BestEssayCheap.com

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