Analysis of Breaches of Law in the Case Study of Barry and Advice on Potential Claims

Transcript
1. Cover page
2. Each and every transaction which takes place in business attracts different laws. These
can relate to statutory and/or common laws. The case study presented of Barry involves
certain breaches of law and this report highlights these very breaches. The aim is to
present Barry with a proper advice based on the facts given in the case study.
3. A contract is formed when certain elements or requirements of formation of contract
come together in a particular case. One of these requirements is for an offer to be made
by one party to the other party, which includes some specific terms. An important point is
to differentiate between an offer and an invitation to treat. The offer denotes the presence
of intent of being legally bound; however, this is absent in invitation to treat, and denotes
the negotiation phase of the contract.
4. Such statements, of law or fact, which are made by one party to another party, merely to
bind the other party to get in the contract, these are deemed as misrepresentation.
As a result of presence of misrepresentation, the contract becomes voidable and can be
set aside by the represnetee.
Bisset v Wilkinson: a case of misrepresentation can be made only in case of false
statement being made regarding law or fact, in place of statements covering estimates or
opinions
Smith v Land & House Property Corp: However, even a statement of opinion can make a
person liable, where the representing party was in such a position, so as to know about
the facts of such opinion.