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Misrepresentation
In common law jurisdictions, a misrepresentation is a false False or falsehood may refer to: * False (logic), the negation of truth in classical logic *Lie or falsehood, a type of deception in the form of an untruthful statement * false (Unix), a Unix command * ''False'' (album), a 1992 album by Gorefest * ... or misleading '' R v Kylsant'' 931/ref> 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 "represen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Misrepresentation Act 1967
The Misrepresentation Act 1967 is a United Kingdom Act of Parliament of the United Kingdom which amended the common law principles of misrepresentation. Prior to the Act, the common law deemed 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 shall be so entitled, subject to the provisions of this Act, notwithstan ... [...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 False or falsehood may refer to: * False (logic), the negation of truth in classical logic *Lie or falsehood, a type of deception in the form of an untruthful statement * false (U ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Warranty
In contract law, a warranty is a promise which is not a condition of the contract or an innominate term: (1) 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 (2) which only entitles the innocent party to damages if it is breached: i.e. 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 a guarantee. It is a mere promise. It may be enforced if it is breached by an award for the legal remedy of damages. A warranty is a term of a contract. Depending on the terms of the contract, a product warranty may cover a product such that a manufacturer provides a warranty to a consumer with which the manufacturer has no direct contractual relationship. A warranty may be express or implied. An express warranty is expressly stated (typically, written); whether or not a term will be implied i ... [...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. The case highlighted flaws in the way company accounts were reviewed, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Deceit
Deception or falsehood is an act or statement that misleads, hides the truth, or promotes a belief, concept, or idea that is not true. It is often done for personal gain or advantage. Deception can involve dissimulation, propaganda and sleight of hand as well as distraction, camouflage or concealment. There is also self-deception, as in bad faith. It can also be called, with varying subjective implications, beguilement, deceit, bluff, mystification, ruse, or subterfuge. Deception is a major relational transgression that often leads to feelings of betrayal and distrust between relational partners. Deception violates relational rules and is considered to be a negative violation of expectations. Most people expect friends, relational partners, and even strangers to be truthful most of the time. If people expected most conversations to be untruthful, talking and communicating with others would require distraction and misdirection to acquire reliable information. A significant amou ... [...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 relies 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 the supply of services, the expression altered to imply the 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 wage, holiday pay, sick ... [...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 north by Western and Southern Europe and Anatolia, on the south by North Africa, and on th ... increased. Latin legal terminology {{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 *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, British fashion booking agent * Cecil Lowther (1869–1940), British general and Conservative politician, 4th son of William Lowther *Christopher Lowther (other), several people *Claude Lowther (1872–1929), English Conservative politician * Eric Low ... [...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 (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 one who ... [...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, that is authorized to act on behalf of another (called the principal) to create legal relations with a third party. Succinctly, 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 recipro ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Davies V
Davies is a patronymic surname of English or Welsh origin. There are two main theories concerning its beginnings, neither of which has been definitively proven. The first theory contends that it may be a corruption of " Dyfed", the name of a medieval Welsh kingdom located in what is now Carmarthenshire; however, the origin of the kingdom's name is itself disputed, with the traditional belief being that it was founded by the powerful Irish ''Déisi'' dynasty in the third century, or otherwise that it derives from the name of the Demetae people. "Dyfed" as a surname and the related first name "Dafydd" appear from the 12th century, with the latter generally translated into English as "David". The second theory states that it may derive directly from the Hebrew name " David", which is also the name of Wales' patron saint. The surname is the joint-second most common in Wales and the eighth most common in England, where a large percentage of people have Welsh ancestry. Retrieved ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Commonwealth Law Reports
The Commonwealth Law Reports (CLR) () are the authorised reports of decisions of the High Court of Australia. The Commonwealth Law Reports are published by the Lawbook Company, a division of Thomson Reuters. James Merralls AM QC was the editor of the Reports from 1969 until his death in 2016. The current editors are Christopher Horan KC and Paul Vout KC. Each reported judgment includes a headnote written by an expert reporter (by convention, a practising barrister) which, as an authorised report, has been approved by the High Court. The current reporters are as follows: * Roshan Chaile * Ella Delany * Bora Kaplan * Rudi Kruse * James McComish * William Newland * Alistair Pound SC * Daniel Reynolds * Alexander Solomon-Bridge * Julia Wang * Michael Wells * Jillian Williams * Radhika Withana The headnotes include a summary of counsel's legal arguments. The Reports also include tables of cases reported, affirmed, reversed, overruled, applied or judicially commented on and cite ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
