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LST2BSL Business Law And Ethics | OFFICE PRO X9

   

Added on  2019-10-30

8 Pages1682 Words275 Views
Running head: BUSINESS LAWSBusiness LawsName of the studentName of the universityAuthor note

1BUSINESS LAWSAnswer 1.ISSUETo determine whether the information that OFFICE PRO X9 is an amazing chair and/oris the best on the market is a term of the contract or not.RULEIn the landmark case of Redgrave v Hurd1, it was observed that Mr. Redgrave, who waselderly, intimated that the turnover for the solicitor practice was 300 pounds per annum to Mr.Hurd. In addition to this, Mr. Redgrave told Mr. Hurd that he probably had some documents inhis office as evidence for the above statement and that Mr. Hurd could check it. However, Mr.Hurd never checked the same. Thereafter, Mr. Hurd signed a contract to essentially become apartner to Mr. Redgrave. Subsequently, Mr. Hurd discovered that the practice generated aturnover of only 200 pounds. The honourable judge held that the contract can be terminated onthe grounds of misrepresentation by Mr. Redgrave. It was also opined by the court that it wasevident that Mr. Hurd relied on the false statements of Mr. Redgrave to enter into the contract. Inaddition to this, this landmark case established the precedent that a false statement/s should nothave to be the primary or the only reason for a person to enter into an agreement to attractremedial measures. As long as the misrepresentation had significant influence on the personsentering into the contract, it can attract remedies.APPLICATIONThe facts of the case direct that the statements made by Samantha in respect of the chairbeing amazing and it being the best one on the market can be safely concluded to be personal1 (1881) 20 Ch D 1

2BUSINESS LAWSopinions. However, these statements induced Peter to purchase the chair. These statements canbe easily construed as misrepresentation or simply “misstatements”. Peter relied on these“misstatements” by Samantha and subsequently signed the contract.In the present case, we can observe that Samantha said that she thinks that the OFFICEPRO X9 was the best chair on the market. She also said that it is an amazing chair. These areessentially her own opinions as something that may be amazing to one person may not beamazing to another. Furthermore, she used the words “i think” when she claimed that the chairwas the best on the market which makes these statements nothing but personal opinions.Hence, it can be positively concluded that the above-mentioned statements by Samanthaare not terms of the contract. However, they influenced Peter to purchase the chair nonetheless.This feature of the present case translates Samantha’s statements into misrepresentations.CONCLUSIONNo, the information that the OFFICE PRO X9 is the best in the market is the not a termof the contract. The information that it is an amazing chair is also not a term of the contract.Answer 2.ISSUEIs it a term of the contract that the OFFICE PRO X9 provides sufficient lower backsupport to allow Peter to work comfortably the whole day?RULE

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