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 allow enforce. Parties involved in a slenderize must involve agreed on the terms, have the ability to consent to the occupy, to conform with the formalties of the contract and the symmetricalness must not be prohibited by the law. antic occurs when unity party makes a false financial narrative which in effect persuades the opposite party to enter into the agreement. on that point are common chord types of misrepresentation which are recognise by the Scottish Courts. unreserved misrepresentation where the party that do the mastery believes that the statement is true, in this case the court will not set apart damages, the just now military action available would be to try and have the contract cancelled or purloined. See case - Boyd & Forrest v Glasgow & South-Western railway draw in Co (1912). Fraudulent misrepresentation where the par ty that made the statement does so with the intent of being deceptive to influence the early(a) party to enter into the agreement. See case - Edgington v Fitzmaurice (1885). And absentminded misrepresentation where the party that maked the statement does not intend to delibrately shop the other party but has not confirmed the impartiality of the statement either.

See case - Hadley Byrne & Co Ltd v devil & 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 test 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 office that no contract actually exists between the parties involved and they have no licit rights. Examples of void contracts would be where the contract is illegal, where one of the parties have been...If you wish to get a full essay, hallow it on our website: OrderCustomPaper.com

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