"The Law in relation to misrepresentation drives a 'coach and four' through the hallowed principle of caveat emptor" Discuss.
Date Submitted: 07/05/2004 18:30:02
Category: / Law & Government / Law Issues
Length: 6 pages (1529 words)
Category: / Law & Government / Law Issues
Length: 6 pages (1529 words)
In order to answer the question it is necessary to define each phrase in turn. Firstly, the idea of the law in relation to misrepresentation. A representation is 'a statement of fact made by one party to the contract (the representor) to the other (the representee) which, while not forming a term of the contract, is yet one of the reasons that induces the representee to enter into the contract' Cheshire, Fifoot and Furmston. It …
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…it can therefore be said that information is the best defence against purchasing defective products or falling victim to fraudulent practices such as misrepresentations that induce you into a contract. It can be seen that the law in relation to misrepresentation largely undermines the renowned principle of caveat emptor as it now provides a defence mechanism for the buyer if and when their contract does not succeed or does not produce the results they intended.
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