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Misrepresentation
In common law jurisdictions, a misrepresentation is a False statements of fact, false or misleading''Royal Mail Case, R v Kylsant'' [1931] Question of law, statement of fact made during negotiations by one party to another, the statement then inducing that other party to enter into a contract. The misled party may normally rescind the contract, and sometimes may be awarded damages as well (or instead of rescission). The law of misrepresentation is an amalgam of contract and tort; and its sources are common law, equity and statute. In England and Wales, the common law was amended by the Misrepresentation Act 1967. The general principle of misrepresentation has been adopted by the United States and other former British colonies, e.g. India. Representation and contract terms A "representation" is a pre-contractual statement made during negotiations. If a representation has been incorporated into the contract as a Contractual term, term, then the normal remedies for breach of contra ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Misrepresentation Act 1967
The Misrepresentation Act 1967 (c. 7) is a United Kingdom Act of Parliament (UK), act of Parliament of the United Kingdom which amended the common law principles of Misrepresentation in English law, misrepresentation. Prior to the Act, the common law position was that there were two categories of misrepresentation: fraudulent and innocent. The effect of the act is primarily to create a new category by dividing innocent misrepresentation into two separate categories: negligent and "wholly" innocent; and it goes on to state the remedies in respect of each of the three categories. The Misrepresentation Act Section 1 Removal of certain bars to rescission for innocent misrepresentation. Where a person has entered into a contract after a misrepresentation has been made to him, and— :(a) the misrepresentation has become a term of the contract; or :(b) the contract has been performed; or both, then, if otherwise he would be entitled to rescind the contract without alleging fraud, he sh ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Spice Girls Ltd V Aprilia World Service BV
''Spice Girls Ltd v Aprilia World Service BV'' 002EWCA Civ 15 is the leading English contract law case concerning misrepresentation by conduct. Geri Halliwell's departure from British girl group the Spice Girls on 27 May 1998 was the subject of a lawsuit by Aprilia World Service B.V. (AWS), a manufacturer of motorcycles and scooters. On 9 March 1998, Halliwell informed the other members of the Spice Girls of her intention to withdraw from the group, yet the group signed an agreement with AWS on 24 March and again on 30 April, and participated in a commercial photo shoot on 4 May in Milan, eventually concluding a contract with AWS on 6 May 1998. The Court of Appeal of England and Wales held that their conduct constituted a misrepresentation In common law jurisdictions, a misrepresentation is a False statements of fact, false or misleading''Royal Mail Case, R v Kylsant'' 931 Year 931 ( CMXXXI) was a common year starting on Saturday of the Julian calendar. Events By p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Warranty
In law, a warranty is an expressed or implied promise or assurance of some kind. The term's meaning varies across legal subjects. In property law, it refers to a covenant by the grantor of a deed. In insurance law, it refers to a promise by the purchaser of an insurance about the thing or person to be insured. In contract law, a warranty is a contractual assurance given, typically, by a seller to a buyer, for example confirming that the seller is the owner of the property being sold. A warranty is a term of a contract, but not usually a condition of the contract or an innominate term, meaning that it is a term "not going to the root of the contract",Hogg M. (2011). ''Promises and Contract Law: Comparative Perspectives''p. 48 Cambridge University Press. and therefore only entitles the innocent party to damages if it is breached, i.e. if the warranty is not true or the defaulting party does not perform the contract in accordance with the terms of the warranty. A warranty is not ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
False Statements Of Fact
In United States constitutional law, false statements of fact are assertions, which are ostensibly facts, that are false. Such statements are not always protected by the First Amendment. Often, this is due to laws against defamation, that is making statements that harm the reputation of another. In those cases, freedom of speech comes into conflict with the right to privacy. Because it is almost impossible for someone to be absolutely sure that what they say (in public) is true, a party who makes a false claim isn't always liable. Whether such speech is protected depends on the situation. The standards of such protection have evolved over time from a body of Supreme Court rulings. One of the landmark cases that established such standards was ''New York Times Co. v. Sullivan'' (1964). In that case, the court ruled that statements about public officials must be given more protection in order to avoid squelching public debate. Similar protections were later expanded to statements abo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Royal Mail Case
The Royal Mail Case or ''R v Kylsant & Otrs'' was a noted English criminal case in 1931. The director of the Royal Mail Steam Packet Company, Lord Kylsant, had falsified a trading prospectus with the aid of the company accountant to make it look as if the company was profitable and to entice potential investors. Following an independent audit instigated by HM Treasury, Kylsant and Harold John Morland, the company auditor, were arrested and charged with falsifying both the trading prospectus and company records and accounts. Although they were acquitted of falsifying records and accounts, Kylsant was found guilty of falsifying the trading prospectus and sentenced to twelve months in prison. The company was then liquidated, and reconstituted as The Royal Mail Lines Ltd with the backing of the British government. As well as its immediate impact, the case instigated massive changes in the way companies were audited. In 1947, the Companies Act was passed, criminalizing the failure ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Deceit
Deception is the act of convincing of one or many recipients of untrue information. The person creating the deception knows it to be false while the receiver of the information does not. It is often done for personal gain or advantage. Deceit and dishonesty can also form grounds for civil litigation in tort, or contract law (where it is known as misrepresentation or fraudulent misrepresentation if deliberate), or give rise to criminal prosecution for fraud. Types Communication The Interpersonal Deception Theory explores the interrelation between communicative context and sender and receiver cognitions and behaviors in deceptive exchanges. Some forms of deception include: * Lies: making up information or giving information that is the opposite or very different from the truth. * Equivocations: making an indirect, ambiguous, or contradictory statement. * Concealments: omitting information that is important or relevant to the given context, or engaging in behavior that he ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Prima Facie
''Prima facie'' (; ) is a Latin expression meaning "at first sight", or "based on first impression". The literal translation would be "at first face" or "at first appearance", from the feminine forms of ' ("first") and ' ("face"), both in the ablative case. In modern, colloquial, and conversational English, a common translation would be "on the face of it". The term ''prima facie'' is used in modern legal English (including both civil law and criminal law) to signify that upon initial examination, sufficient corroborating evidence appears to exist to support a case. In common law jurisdictions, a reference to ''prima facie evidence'' denotes evidence that, unless rebutted, would be sufficient to prove a particular proposition or fact. The term is used similarly in academic philosophy. Most legal proceedings, in most jurisdictions, require a ''prima facie'' case to exist, following which proceedings may then commence to test it, and create a ruling. The similar ''ex facie'', ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contract Of Employment
An employment contract or contract of employment is a kind of contract used in labour law to attribute rights and responsibilities between parties to a bargain. The contract is between an "employee" and an "employer". It has arisen out of the old master-servant law, used before the 20th century. Employment contracts rely on the concept of authority, in which the employee agrees to accept the authority of the employer and in exchange, the employer agrees to pay the employee a stated wage (Simon, 1951). Terminology A contract of employment is usually defined to mean the same as a "contract of service". A contract of service has historically been distinguished from a contract for services (contract for the supply of services). The differing terminology implies a dividing line between a person who is "employed" and someone who is "self-employed". The purpose of the dividing line is to attribute rights to some kinds of people who work for others. This could be the right to a minimum wag ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ex Fida Bona
''Ex fida bona'' is a Latin phrase for the principle of Roman law that a judge is to premise his judgement on "good business norms" and that parties to a contract are to satisfy their contractual obligations, thus permitting the parties to trust each other. A contract should be according to the branch norms unless otherwise expressly provided. The principle was a condition for permanent trading relations during the ancient Roman Republic: in the second century BC the Roman praetors began applying the principle while commerce in the Mediterranean The Mediterranean Sea ( ) is a sea connected to the Atlantic Ocean, surrounded by the Mediterranean basin and almost completely enclosed by land: on the east by the Levant in West Asia, on the north by Anatolia in West Asia and Southern ... increased. Latin legal terminology References {{Latin-legal-phrase-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lowther V Lord Lowther
Lowther may refer to: Places * River Lowther, Cumbria, England * Lowther, Cumbria, civil parish in Cumbria, England * Lowther, New Zealand, township in Southland, New Zealand * Lowther, New South Wales, locality in Australia * CFS Lowther, military installation on Highway 11 near Opasatika, Ontario, Canada People *various holders of the earldom of Lonsdale – see Earl of Lonsdale Earl of Lonsdale is a title that has been created twice in British history, firstly in the Peerage of Great Britain in 1784 (becoming extinct in 1802), and then in the Peerage of the United Kingdom in 1807, both times for members of the Lowth .... *various holders of baronetcies created for members of the Lowther family – see Lowther baronets. * Anthony Lowther (died 1741), youngest son of John Lowther, 1st Viscount Lonsdale * Anthony Lowther (died 1693), English landowner, of Marske, and Member of Parliament * Bernie Lowther (born 1950), New Zealand rugby league player * Camilla Lowther, Br ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fiduciary
A fiduciary is a person who holds a legal or ethical relationship of trust with one or more other parties (legal person or group of persons). Typically, a fiduciary prudently takes care of money or other assets for another person. One party, for example, a corporate trust company or the trust department of a bank, acts in a fiduciary capacity to another party, who, for example, has entrusted funds to the fiduciary for safekeeping or investment. Likewise, financial advisers, financial planners, and asset managers, including managers of pension plans, endowments, and other tax-exempt assets, are considered fiduciaries under applicable statutes and laws. In a fiduciary relationship, one person, in a position of vulnerability, justifiably vests confidence, good faith, reliance, and trust in another whose aid, advice, or protection is sought in some matter... In such a relation, good conscience requires the fiduciary to act at all times for the sole benefit and interest of the on ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Agency (law)
The law of agency is an area of commercial law dealing with a set of contractual, quasi-contractual and non-contractual fiduciary relationships that involve a person, called the agent, who is authorized to act on behalf of another (called the principal) to create legal relations with a third party. It may be referred to as the equal relationship between a principal and an agent whereby the principal, expressly or implicitly, authorizes the agent to work under their control and on their behalf. The agent is, thus, required to negotiate on behalf of the principal or bring them and third parties into contractual relationship. This branch of law separates and regulates the relationships between: * agents and principals (internal relationship), known as the principal-agent relationship; * agents and the third parties with whom they deal on their principals' behalf (external relationship); and * principals and the third parties when the agents deal. Concepts The reciprocal rights a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
