LAW405 AS2 Law and the Legal System Assignment Sample

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1.0 Introduction

This paper focuses on the element of misrepresentation that are focus on the farmer, Mr. Victor Peters entered into a contractual relationship with Meadowview Estates, a building company. The controversy emanates from comments made by Mr. Peters on potential houses that can be developed on the farm land as well as its legal status for being inside a special economic growth zone that made Meadowview Estates to purchase the farm. The objective of this report is to consider the legal effects of Mr. Peter statements, whether those statements could constitute misrepresentation and, if it is the case, the measures available to Meadowview Estates.

LAW405 AS2 Law and the Legal System Assignment Sample

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Lucy James 10 Years | LLB

This paper provides an understanding of misrepresentation, including its definition, elements, as well as legal rules governing the subject. It then analyzes the particular assertions provided by Mr. Peters to deduce if it was fraudulent, negligent or innocent misrepresentation. The potential remedy options under the English law are given and conclusions and recommendations in relation to the dispute are drawn.

2.0 Legal Principles of Misrepresentation

Understanding the legal principles of misrepresentation is essential for students studying contract law, as it forms a crucial aspect of determining the validity and enforceability of agreements. Misrepresentation occurs when a false statement of fact leads another party to enter into a contract, potentially resulting in legal remedies such as rescission or damages. This concept requires analysing various elements, including the type of misrepresentation-fraudulent, negligent, or innocent-and their respective legal consequences. Learners seeking help in writing assignments on this topic can benefit from expert guidance to interpret case laws and apply statutory provisions effectively in legal analyses.

2.1 Definition of Misrepresentation

This is a statement of fact made by one party to the other and upon relying on the statement, the other party enters into the contract. It is not the same thing as opinions, mere hype or advertisement slogans, and promises of future events[1]. A valid claim for misrepresentation requires the following elements:

• False Statement of Fact: It shall also be antithetical to the real state of affairs in the country or in the world at large. For instance, a seller describing some item as being new when in fact it is not will deserve qualification.
• Silence as Misrepresentation: Albeit more the rule than the exception, silence does not ordinarily amount to deceptive representation, there are exceptions that include where there exists a duty to disclose as well as when silence consequent to a statement made earlier becomes misleading given changing circumstances.
• Inducement and Reliance: It must have been relied upon to have been factual as the false statement has to have caused the other party to act[2]. Consequently, no claim exists in cases where the misplaced reliance is in a contract that the misled party would have signed irrespective of the misrepresentation.

2.2 Relevant Case Law and Legislation

Finding applicable case decisions helps in understanding the misrepresentation doctrine. In “Derry v Peek (1889)” it was explained that fraudulent misrepresentation involves a false representation which the maker knew to be false, with an intention to mislead. On the other hand, negligent misrepresentation, as seen in “Hedley Byrne & Co Ltd v Heller & Partners Ltd (1964)”, occurs where one makes a statement that turns out to be false, with negligence in its preparation or production.

“Section 2” of the “Misrepresentation Act 1967” also offers further remedies of rescission as well as damages for misrepresentation and the distinction was made between innocent, negligent and fraudulent[3]. It also reverses the burden of proof on the party that makes the statement in some cases it adds increased protection for the party that has been misled.

3.0 Analysis of the Scenario

3.1 Identification of Statements

The analysis begins with an evaluation of Mr. Peters’ statements:

1. Number of Houses that Could Be Built

Meadowview Estates’ director Mr. Peters said that his company could build at least 15 houses on the piece of land. This statement influenced directly the decision of the buyer of this property for the developmental process[4]. This is because, according to the local council systems, the number of houses to be constructed at any given time is limited to 10.

2. Special Growth Area Status

Mr. Peters said to Meadowview Estates that planning permission could not be refused for land which is classified as a special economic growth area. In fact, this claim was semi true because the policy only targeted the business areas but not the houses.

3.2 Application of Legal Principles

To determine if these statements constitute misrepresentation:

• Statements of Fact, Opinion, or Puffery

Due to the fact that they were put outside Brazil, they acted as statements of facts underlying negotiations rather than mere opinion or promotional statements[5]. Therefore those who see it as opinion qualify it as statements of fact.

• Inducement and Reliance

This is the reason that although proving that limestone contains beneficial minerals was an essential factor for proving them, Meadowview Estates relied on these assertions when deciding to purchase the land. Subsequent application for authorization for approval of 15 houses also points to clear cases of reliance[6].

3.3 Type of Misrepresentation

1. Fraudulent Misrepresentation

These statements were false and ought to have been made known by Mr. Peters if he made them with the intention of causing the house to be sold this amounts to fraudulent misrepresentation in “Derry v Peek (1889)”. It can be ruled out that there were no signs that anyone intended to deceive the other party, so this is improbable.

2. Negligent Misrepresentation

As a result of negligence, Mr. Peters did not check the authenticity of this statement despite being aware of their relevance then this is a negligence misrepresentation under “Section 1” “Misrepresentation Act 1967”[7]. He looks rather careless when making statements about the special growth area status.

3. Innocent Misrepresentation

Thus, referring to the situation when Mr. Peters has no motive to mislead and really considers the statements as true, such a position of the parties represents sheer mistake.

4.0 Remedies for Misrepresentation

4.1 Remedies for Fraudulent Misrepresentation

• Rescission

The contract may be canceled and the parties restored back to their positions before making the contract. The rescission is not available where the claimant cannot make restitution or where third parties’ rights are implicated.

• Damages

Losses are recoverable in fraudulent misrepresentation in their entirety exclusive of consequential losses where the misrepresentation was fraudulent. For Meadowview Estates, this might involve not only the purchase price of the land and the future earnings from the construction of fifteen houses, but also legal costs and all those other things they have had to spend money on as a consequence of believing the deception[8]. The purpose of this is to place the claimant in the same state he or she would have been had the mistake was not made.

4.2 Basic Treatments for Negligent Misrepresentation

It will be seen and understood that under the “Misrepresentation Act 1967” Meadowview Estates may claim rescission and/or damages. Unlike fraudulent misrepresentation, here the damages are awarded based on the negligence that has led to a loss that results from reliance on the false statement.

4.3 Cure for Innocent Misrepresentation

In cases of innocent misrepresentation, the overall principal remedy is of course, rescission. However, where reliance has been made of the statements, indemnity may be awarded to the relied upon party depending on the costs that they have been put through.

4.4 Application to the Scenario

They are likely to be entitled to rescind the contract since the misrepresentation made will go to the root of probability of Meadowview Estates.[9] Another head under which damages may also be awarded is “Misrepresentation Act 1967” If as courtesy Mr. Peters’ statements are considered as negligent. These are determined by whether the court rules him as negligent or just innocent.

5.0 Conclusion and Recommendations

Recommendation

• Mitigate Legal Risks: As for the next recommendations, Mr. Peters should always be certain that all the representations which are made to the other parties in the course of the negotiations are true. Experts on planning and zoning laws when giving assurances can also pull out such conflicts. Never make certain assumptions if they can be Paraphrased or supported with evidence.
• Document Agreements: Negotiation records, representations, and communications may be critical in subsequent deals, so the accuracy of the records should be upheld[10]. It also reduces the likelihood of a misunderstanding between the two parties and also provides documented evidence that each party followed the right channel.

Conclusion

The conclusion of the analysis is that, Mr. Peters’ utterances on the number of houses and the special growth area status probably fall under misrepresentation. These statements were materially false and ‘played a part in getting Meadowview Estates to enter the contract as these representations where relied on during the negotiations.

The kind of deception that would take place shall depend with the knowledge of Mr. Peters at the time he made the statements. It may not have been fraudulent, but never took the time and energy required to ensure the claims he was making were factual in nature. So, negligent misrepresentation has to be seen as the most likely category. The other one is innocent misrepresentation that may occur where he lacked reasonable doubt regarding the correctness of his statements.

Reference List

Journals

• Abid A, Effendi Z and Hyder Z, 'The Doctrine of Misrepresentation and Fraud in Pakistan and United Kingdom: Navigating Their Implications on The Businesses and Consumers' (2024) 4(2) Al-Kashaf 1.
• Berger B, Swiss Contract Law in International Commercial Arbitration by Christoph Müller with Sabrina Pearson-Wenger (2024).
• Brener A, 'Policymaking and the Trade Description Act 1968: Cultural Success and Legal Failure' (2024).
• Bull S, 'Expropriation of Shares via the Corporate Constitution' (2024) 36 SAcLJ 25.
• Farahmand F, 'Misrepresentation Types: A Comparative Study Through the Iranian Consumer Protection Act and English Law' (2024) 20(2) Private Law 335.
• Magintharan S and Agapiou A, 'Fraud in Statutory Adjudication: A Comparative Study of Common Law Jurisdictions' (2024) 41(2) The International Construction Law Review 174.
• Phang AB, 'Negotiating a Brave New World: Fraud and Risk in Modern Commercial Law' (2024).
• Purshouse C, 'The Politics of Pure Economic Loss' in Diverse Voices in Tort Law (Bristol University Press, 2024) 35.
• Putro WD, Tanya DJD and Martini D, 'Li and Fa in Contract Law from the Perspective of Chinese Legal Philosophy' (2024) 8(1) Lex Scientia Law Review 163.
• Sanni MR, 'The Future of Auditing Profession in the Face of Auditors’ Liability: A Review of Literature' (2024) 7(1) Future.
• [1] Magintharan S and Agapiou A, 'Fraud in Statutory Adjudication: A Comparative Study of Common Law Jurisdictions' (2024) 41(2) The International Construction Law Review 174.
• [2] Purshouse C, 'The Politics of Pure Economic Loss' in Diverse Voices in Tort Law (Bristol University Press, 2024) 35.
• [3] Sanni MR, 'The Future of Auditing Profession in the Face of Auditors’ Liability: A Review of Literature' (2024) 7(1) Future.
• [4] Abid A, Effendi Z and Hyder Z, 'The Doctrine of Misrepresentation and Fraud in Pakistan and United Kingdom: Navigating Their Implications on The Businesses and Consumers' (2024) 4(2) Al-Kashaf 1.
• [5] Farahmand F, 'Misrepresentation Types: A Comparative Study Through the Iranian Consumer Protection Act and English Law' (2024) 20(2) Private Law 335.
• [6] Brener A, 'Policymaking and the Trade Description Act 1968: Cultural Success and Legal Failure' (2024).
• [7] Phang AB, 'Negotiating a Brave New World: Fraud and Risk in Modern Commercial Law' (2024).
• [8] Bull S, 'Expropriation of Shares via the Corporate Constitution' (2024) 36 SAcLJ 25.
• [9] Berger B, Swiss Contract Law in International Commercial Arbitration by Christoph Müller with Sabrina Pearson-Wenger (2024).
• [10] Putro WD, Tanya DJD and Martini D, 'Li and Fa in Contract Law from the Perspective of Chinese Legal Philosophy' (2024) 8(1) Lex Scientia Law Review 163.