Principles of Tort Law - PDF

LAW

Table of Contents
INTRODUCTION...........................................................................................................................5
MAIN BODY..................................................................................................................................5
1. Defining Representation and difference between Representation and a contract...................5
2. Presenting the grounds on which dismissal from employment can be unfair in context of law
.....................................................................................................................................................8
3. Explaining the duties of directors of a company...................................................................10
4. Explaining the principles that govern provisions for awarding damages under Tort law.....12
CONCLUSION..............................................................................................................................12
REFERENCES..............................................................................................................................13

INTRODUCTION
To deal with everyday situation a person do come around some circumstances where
certain laws .and legislation are applicable. No one actual knows the laws and provisions and
how to apply them to deal with that conditions. In the present report Monica is given legal advice
on some unrelated matters. These matters are related with contractual relations and dismissal
from the employments, roles of the directors in an organisations and law of Tort.
MAIN BODY
1. Defining Representation and difference between Representation and a contract
Fact related with case:
For the present case of Monica and Chandler, the fact has been determined that Monica
purchased the car by getting influenced with statement about the car. Chandler the case
salesman told Monica that Ford Mondeo, 2006 is the best model available and at the best price
at that time. Relying on the statement made by chandler Monica purchased the car, and it broke
just after 2 weeks of the purchase. Now, Monica wants to sue the car dealership.
Issue:
 To determine whether statement made by chandler is representation or not,
 Could Monica sue car dealership?
Rules and legislation:
Representation:
Representation can be defined as statements made during the course of
negotiations before entering in to a contract and same is also referred as contractual term when
parties do not have an intention to enter into contract, but which may induce another party to
enter into the contract (Contractual representations, 2018). It is essential to know that weather a
particular statement is a contractual term or mere representation as that will determine the cause
of action and remedy. In case the statement forms as a term of contract and nonfulfillment of the

same constitute to breach of the contract. The innocent party can sue for the damages suffered.
If the statement turns out to be mere representation and same is not true, the innocent party may
bring an action of misrepresentation.
For deciding that weather a statement is representation or not, court looks in to four
factors:-
1. The rule of parole evidence: the contract has been penned down in written format and
terms included in contract are actual contractual terms and verbal statements will be mere
representation.
2. Relative expertise of the party: in case representor has a greater knowledge of the
filed or thing for which contract is being entered, it is most likely to from a contractual
term. On the other hand if the represntee has the greater knowledge it is more likely to be
a representation.
Importance of the statement: this constitutes the extent of influence and involvement of the
statement made on either party of the contract to enter in to contract (Stirling, 2017). It is also
seen that what importance the statement hold in respect of the item of contract.
3. Time: the time when the statement was made to the contracting party.
Remedies available: in case the statement remains as a representation, the remedy is
available as bring an action of misrepresentation. In case contract is entered party may sue
for breach of contract.
Difference between representation and contract
Basis of difference Term of contract Representation
Relevance with contract Essential part for the
contract
Do not have effective
significant for formation of
contract.
Intention of entering into
contract
Parties have intention of
making it a part of contract.
Do not have such intention.
Part of contract Included in contract as
provision or terms of
Does not amount to a term of