Distinguish between mistake and misrepresentation. Mistakes vs. Misrepresentations 2022-12-11

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Mistake and misrepresentation are two terms that are often used in legal contexts and are related to errors or inaccuracies in communication or understanding. However, they have distinct meanings and implications. Understanding the difference between these two concepts can be important in legal disputes, as the nature of the error can have significant consequences in terms of liability and damages.

A mistake refers to an error that is made unintentionally, often due to a lack of knowledge or understanding. Mistakes can occur in many different contexts, such as when someone makes a mathematical error on a bill or when someone misunderstands the terms of a contract. Mistakes are generally not considered to be malicious or intentional, and they may be corrected or remedied without any legal consequences.

Misrepresentation, on the other hand, involves making a false or misleading statement with the intention of inducing someone to rely on that statement to their detriment. Misrepresentation can take many forms, such as making false statements about a product or service, concealing important information, or using deceptive marketing practices. Misrepresentation can be either innocent or fraudulent, depending on whether the person making the false statement knew that it was untrue or not.

One key difference between mistake and misrepresentation is the intent behind the error. A mistake is typically made unintentionally, while a misrepresentation involves a deliberate attempt to deceive or mislead. This difference can have significant legal consequences, as misrepresentation is considered a type of fraud and can result in legal liability for damages.

In terms of legal remedies, a mistake may not give rise to any legal action, as it is not considered to be a breach of duty or trust. On the other hand, misrepresentation may give rise to a legal claim for damages, as the person making the false statement has breached their duty to be truthful and has caused harm to the person who relied on the false statement.

In summary, the distinction between mistake and misrepresentation is an important one, as it can have significant consequences in terms of legal liability and damages. A mistake is an unintentional error, while misrepresentation involves a deliberate attempt to deceive or mislead. Understanding the difference between these two concepts can be crucial in legal disputes and can help to determine the appropriate course of action.

Misrepresentation vs. Mistake

distinguish between mistake and misrepresentation

MAVHUNGA 2 Dedication This study pack is dedicated to the targeted students who commit themselves to passing the interesting course of business law. He was held liable to pay interest even though there was no provision of interest on deposit. Similarly, to misrepresentation, a mistake in law can also be further divided into three sub-categories: 1 Common mistake- The mistake is made by both parties, and makes the contract fundamentally different, from what was intended at the time of formation. General Offer of Continuing Nature - Some offers such as finding a lost object close when it is accepted by the first person. . Words: 16603 - Pages: 67 Premium Essay Business Law.

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Explain the Difference Mistakes and Misrepresentation Found in the Contract of Law.

distinguish between mistake and misrepresentation

This is then an innocent misrepresentation and also a mistake on his part as he did not try to glean information from various sources. However, such a woman must be totally secluded from ordinary society. Therefore fraud cannot be implied from these statements or circumstances. It extends to the whole of India except the State of Jammu and Kashmir. In fact, the directors honestly believed that obtaining consent was a pure formality, although it was ultimately refused.

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Mistakes vs. Misrepresentations

distinguish between mistake and misrepresentation

Courts are only empowered to enforce contracts, not to write them, for the parties. Section 2 a of Indian Contract Act 1972 says that when a person signifies his willingness to do or to abstain from doing something to another, with a view to obtaining the assent of that another, he is said to make a proposal. Inequality in bargaining power LLoyd's Bank vs Bundy - Farmer pledged his farmhouse for securing a loan for his son. . Whereas oral agreements may be used, maximum businesses use proper written contracts while engaging in actions.

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Misrepresentation or Mistake

distinguish between mistake and misrepresentation

The House of Lords held that there had been no fraudulent misrepresentation. Therefore fraud cannot be implied from these statements or circumstances. The function of the court is to enforce agreements only if they exist and not to create them through the imposition of such terms as the court considers reasonable. Section 19 says that any contract which is induced by Coercion, Fraud, or Misrepresentation is voidable at the option of the party whose consent was caused due to coercion, fraud, or misrepresentation. To them I say keep the god spirits for enhancing the college and making it a force top reckon with according to international standards. It is based on someone's actions whereasmistake is where someone believes that a fact was true when in fact it was not.

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Mistake Vs Misrepresentation Compare And Contrast Essay Example

distinguish between mistake and misrepresentation

SC allowed the contract to be terminated. Breach of Duty Thake vs Maurice 1986 - Husband was not informed of the risks and failure rate of vasectomy before the operation. . B declines to give the loan only at a very high rate. . Nature and Contractual Obligation The purpose of a contract is to establish the agreement that the parties have made and to fix their rights and duties in accordance with that agreement. Also, a fraud or misrepresentation that did not cause a party to give consent, does not render a contract voidable.

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Coercion, Undue Influence, Fraud, and Misrepresentation

distinguish between mistake and misrepresentation

The giant Indian Companies may include the names like Reliance, Talco Bajaj Auto, Infosys Technologies, Hindustan Lever Ltd. . Section 2 1 provides that where a person has entered a contract after a misrepresentation has been made to him by another part thereto and a result thereof he has suffered loss, then, if the person making the misrepresentation would be liable to damages in respect thereof had the misrepresentation been made fraudulently, that person shall be so liable notwithstanding that the misrepresentation was not made fraudulently, unless he proves that he had reasonable ground to believe and did believe up to the time the contract was made that the facts represented were true. For example, if your best friend tells you about a religious experience he or she had, do you have reason to disbelieve them? Further, section 2 b says that when the person to whom the proposal is made signifies his assent, the proposal is said to be accepted. Selected Answer: Legal positivism and the natural law theory are rival views about what law is and its relation to justice and morality.

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What is the difference between mistake and misrepresentation and fraud?

distinguish between mistake and misrepresentation

Can be defended on the ground that the person could find out the truth by ordinary diligence. Question : Examine this situation: John: "I am thinking of selling my end tables from my living room. . However, the AG rejected the request stating that a nonprofit company must be a commercial enterprise which is to be carried out without financial gain to its members. Executive summary The aim of this learning is to study the basic lawful values for which we can use in the applied aspects of business. .

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COMMERCE HEAVEN: Difference Between Misrepresentation and Mistake

distinguish between mistake and misrepresentation

Words: 25170 - Pages: 101 Premium Essay Short Note on Contact Law. This is also the case when a manufacturer does not tell the side effects of a product and merely harps on the benefits of the product so as to sell it in good numbers. Usually, when both parties are mistaken about the fact, either party may have the contract voided. The appellant then signed an agreement undertaking to pay the respondent damages for seduction. Mistake is where someone believes that a fact was true when in fact it was not. It was held that the contract might have been done under undue influence.

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