subject matter of the contract is illegal at law‚ or the contract is not in the required form under a particular statute. For the purposes of this course‚ we focus on the topic of ‘absence of genuine consent’ and specifically the issues of misrepresentation (both innocent and fraudulent)‚ undue influence‚ duress and unconscionable conduct. In such circumstances‚ the parties have not entered into the contract voluntarily or with real agreement‚ although on the face of it‚ the rules for offer and
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COMMERCIAL LAW FEEDBACK EXERCISE The issue in this case is whether there is misrepresentation or breach of contract. The distinctions between the two legal issues of misrepresentation and breach of contract are dependent on whether the pre-contractual statement was made on the basis of a representation‚ or on a promise or obligation to be fulfilled. Breach of contract is a legal cause of action in which a binding agreement or bargained-for exchange is not honored by one or more of the parties
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Ethical problems in providing services to the customer In the process of providing services to the customer where many unethical practices occur‚ misrepresentation and over persuasion are the most common practice It also occur in 4 major areas a) While providing service to the customer b) How members of a business organization fulfil their duties and responsibilities c) How competitors treat each other d) Providing a price fair to the manufacturer‚ seller and buyer. Problems in providing
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of the view that it is very unfair or inequitable in the circumstances for the party making the promise to go back on his promise‚ he may be stopped from going back on his promise even if there is no fresh consideration. (High trees case) Misrepresentation The
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the agreement of one of the parties to the contract would have been induced by an impropriety attributable to one of the parties to the agreement. There are specific categories of improperly obtained consensus which are misrepresentation‚duress and undue influence. Misrepresentation is a pre-contractual statement or conduct which creates a false impression in the mind of a contractual party and which
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parties... according to section 14‚ consent is said to be free when it is not caused by (a) Coercion‚ or (b)Undue influence‚ or (c) Fraud‚ or (d) Misrepresentation‚ or (e) Mistake. * Effect of Absence of free consent: When there is consent but it is not free (i.e. when it is caused by coercion or undue influence or fraud or misrepresentation)‚ the contract is usually voidable at the option of the party whose consent was so caused. 1. COERCION Meaning of coercion[section 15]: It
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NATIONAL OPEN UNIVERSITY OF NIGERIA SCHOOL OF LAW COURSE CODE:-LAW 234 COURSE TITLE:-THE LAW OF CONTRACT II LAW 234 THE LAW OF CONTRACT II 8 COURSE GUIDE LAW 234 THE LAW OF CONTRACT II Course Writers/Developers G. I. Oyakhiromen Ph.D‚ BL Ayodeji Ige National Open University of Nigeria Course Editor Professor Justus A. Sokefun National Open University of Nigeria Programme Leader Course Coordinator G. I. Oyakhiromen Ph.D‚ BL National Open University of Nigeria Ayodeji Ige
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a large role in research!! The bad news is‚ just like anything‚ statistical data can be misrepresented. The misrepresentation of data can occur in a number of ways. It can occur unintentionally as a result of human error (in either data collection of graphical creation); or intentionally through bias misleading (Graphical Misrepresentation‚ 2006). Unintentional misrepresentation can occur through bad sampling‚ which is usually conclusive of sampling a small group in order to represent characteristics
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Business Law – Outcome 2 (Law of Contract) Identify and describe the essential elements of a contract There are 3 essential elements in a contract: * There must be an agreement on all material aspects (Consensus in idem) Both or all parties in a contract must have the same understanding of all terms within the contract. To reach and consensus in idem‚ any acceptance must meet one of the offers made. If a party makes changes to the original offer then this is considered a conditional offer
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FREE CONSENT Meaning * Agreement or act of assenting to an offer * No consent no contract Free Consent – Consent is said to free when it is not caused by * Coercion * Undue influence * Fraud * Misrepresentation * Mistake Flaw in consent * Coercion When person compelled to enter into contract by use of force by other party Coercion is the committing or threatening to commit any act forbidden by Indian Penal Code 1860 or unlawful detaining
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