6. Misrepresentation

2019 ◽  
pp. 93-108
Author(s):  
James Devenney
Keyword(s):  
False Statement ◽  
Breach Of Contract ◽  
Questions And Answers

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, answer plans and suggested answers, author commentary and other features. Misrepresentation is defined as a false statement of fact, made pre-contractually, which is intended to induce the representee to enter into a contract and which has that effect. If an actionable misrepresentation is found to exist a court will then need to consider the available remedies. This chapter considers the following issues relevant to answering any problem question on misrepresentation. Has there been a false statement of fact? Is there evidence of inducement? What type of misrepresentation has potentially been made? What remedies are potentially available? Has liability for misrepresentation been effectively excluded? Has there been a breach of contract?

14. Misrepresentation

2019 ◽  
pp. 535-586
Author(s):  
Robert Merkin ◽  
Séverine Saintier
Keyword(s):  
Consumer Protection ◽  
False Statement ◽  
Breach Of Contract ◽  
Legal Remedies ◽  
Civil Remedies ◽  
State Of Mind ◽  
Contractual Obligations ◽  
The One ◽  
Relationship Of ◽  
The Relationship

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. False statements of fact that induce a contract are known as actionable misrepresentations. In case of a misrepresentation, there are different legal remedies for breaches of contract. A misrepresentation renders the contract voidable (liable to be set aside using the remedy of rescission) so that the contract will be treated as if it had never been made, whereas a breach of contract will have no effect on the existence of the contract (in the absence of a repudiatory breach that will terminate the contract when future contractual obligations will be discharged). The chapter identifies actionable misrepresentations and, in particular, loss in instances where there is a duty of disclosure in English law. There are three types of actionable misrepresentations, dependent upon the state of mind of the one who makes the false statement: fraudulent, negligent, and innocent. This chapter looks at the legal remedies for actionable misrepresentations such as rescission, the availability of damages for different types of misrepresentations and the provisions of the Misrepresentation Act 1967. It also examines the effect of the Consumer Protection from Unfair Trading Regulations 2008 (CPRs) as amended on this area of law, the criminal offences and civil remedies for consumers, as well as the relationship of misrepresentation to other areas of law. Finally, it looks at clauses that seek to exclude or limit liability for misrepresentation or to deny any actionable misrepresentation, e.g. ‘non-reliance clauses’.

12. Additional Remedies

2019 ◽  
pp. 191-202
Author(s):  
James Devenney
Keyword(s):  
Common Law ◽  
Breach Of Contract ◽  
Unjust Enrichment ◽  
Specific Performance ◽  
Questions And Answers

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, answer plans and suggested answers, author commentary and other features. The standard common law remedy of damages will not always prove adequate for the victim of a breach of contract. Equity therefore developed a number of additional remedies, discretionary in nature, aimed at ensuring that a claimant was not unreasonably confined to an award of damages; in particular, specific performance and injunctions. The possibility of awarding restitutionary damages, in part to offset any unjust enrichment secured by a contract-breaker, is also considered.

9. Misrepresentation

2021 ◽  
pp. 359-410
Author(s):  
Robert Merkin ◽  
Séverine Saintier ◽  
Jill Poole
Keyword(s):  
Contract Law ◽  
False Statement ◽  
Breach Of Contract ◽  
Legal Remedies ◽  
Civil Remedies ◽  
State Of Mind ◽  
Contractual Obligations ◽  
The One ◽  
Relationship Of ◽  
The Relationship

Course-focused and comprehensive, Poole’s Textbook on Contract Law provides an accessible overview of the key areas on the law curriculum. False statements of fact that induce a contract are known as actionable misrepresentations. In case of a misrepresentation, there are different legal remedies for breaches of contract. A misrepresentation renders the contract voidable (liable to be set aside using the remedy of rescission) so that the contract will be treated as if it had never been made, whereas a breach of contract will have no effect on the existence of the contract (in the absence of a repudiatory breach that will terminate the contract when future contractual obligations will be discharged). The chapter identifies actionable misrepresentations and, in particular, loss in instances where there is a duty of disclosure in English law. There are three types of actionable misrepresentations, dependent upon the state of mind of the one who makes the false statement: fraudulent, negligent, and innocent. This chapter looks at the legal remedies for actionable misrepresentations such as rescission, the availability of damages for different types of misrepresentations, and the provisions of the Misrepresentation Act 1967. It also examines the effect of the Consumer Protection from Unfair Trading Regulations 2008 (CPRs) as amended on this area of law, the criminal offences and civil remedies for consumers, as well as the relationship of misrepresentation to other areas of law. Finally, it looks at clauses that seek to exclude or limit liability for misrepresentation or to deny any actionable misrepresentation, e.g. ‘non-reliance clauses’.

11. Damages

2019 ◽  
pp. 174-190
Author(s):  
James Devenney
Keyword(s):  
Common Law ◽  
Great Emphasis ◽  
Breach Of Contract ◽  
Specific Performance ◽  
Questions And Answers ◽  
The Common

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, answer plans and suggested answers, author commentary and other features. The common law places great emphasis on damages as the primary remedy for breach of contract, reinforced by the fact that although a victim of a breach may seek specific performance or an injunction, such orders are equitable in nature and therefore discretionary. In claiming damages, the victim of a breach will need to establish that: the claimed method for assessing damages is appropriate (measure); the damages are not too remote (remoteness); if relevant, compensation for inconvenience and/or disappointment caused by the breach is recoverable (non-pecuniary losses); the losses could not have been reasonably mitigated (mitigation); and the recoverable losses have been properly quantified (quantification). Separately, the validity of any agreed damages clause will need to be determined.

Impairment Questions and Answers

1997 ◽  
Vol 2 (2) ◽  
pp. 4-5
Keyword(s):  
Insurance Industry ◽  
Organized Labor ◽  
Injured Workers ◽  
Disability Benefits ◽  
Uniform System ◽  
Questions And Answers

Abstract Controversy attends use of the AMA Guides to the Evaluation of Permanent Impairment (AMA Guides) in defining injured workers’ permanent partial disability benefits: States desire an efficient, nonsubjective way to determine benefits for nonscheduled injuries and are using the AMA Guides to define the extent of disability. Organized labor is concerned that use of the AMA Guides, particularly with modifications, does not yield a fair analysis of an injured worker's disability. From its first issue, The Guides Newsletter emphatically emphasized and clearly stated that impairment percentages derived according to AMA Guides criteria should not be used to make direct financial awards or direct estimates of disability. The insurance industry and organized labor differ about the use of the AMA Guides in defining permanent partial disability (PPD). Insurers support use of the AMA Guides because they seek a uniform system that minimizes subjectivity in determining benefits. Organized labor is particularly concerned about the lack of fairness of directly equating impairment and disability, and if the rating plays a role in defining disability, additional issues also must be considered. More states are likely to use the AMA Guides with incorporation of additional features such as an index to PPD.

Questions and Answers: Rating Spinal Pain Using the Sixth Edition

2013 ◽  
Vol 18 (5) ◽  
pp. 11-12
Author(s):  
Christopher R. Brigham ◽  
James B. Talmage ◽  
Marjorie Eskay-Auerbach ◽  
Charles N. Brooks
Keyword(s):  
Spinal Pain ◽  
Sixth Edition ◽  
Questions And Answers
Sign in / Sign up

Export Citation Format

Share Document