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Negligent Misstatement Assignment

   

Added on  2021-04-20

6 Pages1042 Words129 Views
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Business LawIssue 1Whether a case of negligent misstatement can be made by Richard against Emma, or not?LawThere are certain vitiating factors in a contract, which have the capacity of voiding the contract. One of such factors is misrepresentations which denote false statement of fact being made. One of the types of misrepresentation is negligent misrepresentation, also known as negligent misrepresentation. It denotes the information being provided honestly, but which is inaccurate (Gibson and Fraser, 2013, p. 443). Where negligent misrepresentation is established,the innocent party can apply for damages. In Hedley Byrne & Co v Heller [1963] 3 WLR 101, the judges stated that for making a claim of negligent misstatement, there was a need to show presence of relation of confidence and trust, where the information providing party voluntary assumed the risk, and the other party had reasonably relied on this information. ApplicationThis case had Richard asking for information from Emma where Emma provided the information regarding shock absorber. However, even when she was honestly providing the information, she negligently looked at the wrong page, resulting in inaccurate information being provided. Richard had reasonably relied on this information of Emma, where Emma had assumed the risk voluntarily by providing the information, fulfilling the conditions laid down by Hedley Byrne & Co v Heller. ConclusionHence, a case of negligent misstatement can be made by Richard against Emma giving him opportunity of claiming damages from her. Page 2

Business LawIssue 2Whether a case of promissory estoppel can be made against George by Richard, or not?LawUnder the contract law, there are certain cases where a contract can be established even without consideration. These relate to the one made under promissory estoppel. Promissory estoppel basically stops a person from making a u-turn on their promise, where reliance by another had been placed on such promise, even when it is without consideration (Latimer, 2012, p. 352). In Central London Property Trust Ltd v High Trees House Ltd [1947] KB 130, Dennis J gave the obiter statement where it was provided that an individual cannot go back on promise of reduced rent for the hardship period based on this principle. ApplicationHere, a promise without consideration was undertaken between Richard and George as per which the rent at previous year rates had to be paid. Where George claims for the incremental rent, the concept of promissory estoppel would stop him from doing so, as a result of Central London Property Trust Ltd v High Trees House Ltd, and the reliance placed by Richard on this promise. ConclusionHence, a case of promissory estoppel cannot be made against George by Richard.Issue 3Whether a contract had been formed in this case, or not?LawIn order to create a contract, there is a need for certain elements, which includes offer and acceptance (Kirst-Ashman and Hull 2008, p. 205). An offer shows some terms being offered.Page 3

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