首页
外语
计算机
考研
公务员
职业资格
财经
工程
司法
医学
专升本
自考
实用职业技能
登录
外语
Peter wants to buy a comer store. When negotiating in January, he was told by David, the owner of the store that the business of
Peter wants to buy a comer store. When negotiating in January, he was told by David, the owner of the store that the business of
admin
2011-01-16
179
问题
Peter wants to buy a comer store. When negotiating in January, he was told by David, the owner of the store that the business of the store was very good and the average net profit from the store was$100,000 per month for the last year. However, in March, a supermarket opened near the store and the business at the store became very slow. Then a contract for the sale of the store was signed between them, all the time David didn’t mention anything to Peter.
Could Peter make a claim against David for misrepresentation. Advise Peter supported by cases.
选项
答案
There are the factors that affect the validity of a contract, misrepresentation is one of them. A representation made by one party to another to induce him to enter a contract must be a positive and true statement of some existing facts or past events, otherwise, it shall constitute a misrepresentation, which is misleading and induces other to enter into the contract, and may amount to invalidity of the contract. In With v.O’Flanagan (1936), where the defendant, who wished to sell his practice, informed the plaintiff that the income from the practice was £2,000. Five months later when the contract was signed the income had fallen considerably due to the defendant’s illness and no mention of this fact was made to the plaintiff. The plaintiff claimed rescission of the contract. It was held that he could not rescind as there was misrepresentation. In Gordon v.Selico Co. Ltd.(1986), where a flat in a building which had been converted by a developer was taken by the plaintiff on a 99-year lease. Soon after he moved in, dry ret was discovered. It was held that deliberate concealment of the dry rot by the developer could amount to fraudulent misrepresentation, therefore, damages were awarded to the plaintiff. It’s a general rule that mere silence does not normally amount to representation as well as misrepresentation, except in the case where a statement, true when it is made, subsequently becomes false before the conclusion of the contract. Here the prior representation concerning the income of the store stated by David has become untrue at the time the contract was signed, due to the opening of the supermarket. David, therefore, take the obligation to correct his former representation, and the silence here amounts to misrepresentation. Peter was induced by and relied on the misrepresentation and entered into the contract, thus he could make a claim against David for misrepresentation.
解析
转载请注明原文地址:https://kaotiyun.com/show/NtYd777K
0
中级(法律)
原金融专业英语(FECT)
金融英语(FECT)
相关试题推荐
It’squitecoldoutside.Please______yourcoat.
Mr.Blackwasyoungandable.Thebosslikedhim.LastmonthhewassenttoChinaonbusiness.BeforehewentbackfromChina,h
Mr.Blackwasyoungandable.Thebosslikedhim.LastmonthhewassenttoChinaonbusiness.BeforehewentbackfromChina,h
ThenightbeforeIwastohavesurgery(手术),Jeremy,mynine-year-oldson,becameworried."Iamworried【C1】______you,Mom.
ThenightbeforeIwastohavesurgery(手术),Jeremy,mynine-year-oldson,becameworried."Iamworried【C1】______you,Mom.I
NarberthLibraryoffersyoupleasurereadingandagreatnumberofinformationservices.TheLibrarywasbuiltin1921byamemb
Acrossedchequeimpliesthatthechequecanbeexchangedforcashatthedrawer’sbankaccountonwhichitisdrawn.
Minorsaregenerallyfullyliablefortheirtortiousactions.
Alargenumberofpeoplelivinghthecountrysidedependdirectlyorindirectly_____thetobaccobusiness.
随机试题
下列属于数字集成电路的是()。
A.肺癌B.乳腺癌C.皮肤癌D.肠道腺瘤病携带突变APC基因者易患
实脾散的功用是
调制箍围药,取其清凉解毒作用的,应选用()
(2006年)图8—39所示电路中,变压器视为理想的,R2=R1,则输出电压与输入电压的有效值之比为()。
纳税人发生解散、破产、撤销以及其他情形,依法终止纳税义务的,按照规定不需要在工商行政管理部门办理注销登记的,应当自有关机关批准或宣布终止之日起()日内,办理注销税务登记。
在《普通高中生物学课程标准(2017年版)》中,课程的基本理念不包括()。
根据以下资料,回答以下问题。2011年全国社会消费品零售总额达183919亿元,比2002年增长2.8倍,年均增长达16.1%。2011年城镇人均消费支出15160.9元,是2002年的2.5倍:2011年农村人均消费5221元,是20
[2001年]设总体服从正态分布N(0,22),而X1,X2,…X15是来自总体X的简单随机样本,则随机变量服从__________分布,参数为___________.
下列设备中,可以作为微机输入设备的是______。
最新回复
(
0
)