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
28
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
BufordisthesmallesttownintheUS.ThetownishighinthemountainsanditliesontheroadbetweenNewYorkandCalifornia
NarberthLibraryoffersyoupleasurereadingandagreatnumberofinformationservices.TheLibrarywasbuiltin1921byamemb
NarberthLibraryoffersyoupleasurereadingandagreatnumberofinformationservices.TheLibrarywasbuiltin1921byamemb
ThefollowingfinancialstatementsrelatetoBlueTingfortheyearended31December2001BalanceSheetendedat31December20
Acrossedchequeimpliesthatthechequecanbeexchangedforcashatthedrawer’sbankaccountonwhichitisdrawn.
Internationaltradealwayscreatestheneedforforwardoperations,iftheexchangeriskistobehedged.Letusconsidertheca
Theimporterwillrequireafullsetofbillsofladinginordertoobtainthegoodsfromoverseasport.Thebillsofladingcan
UnderFOBtermsthebillofladingwouldstate______.
A、Therelationshipbetweenthedraweeandcollectingbankwillbetakenintoconsiderationfirstofall.B、Theremittingbanker’
Thecompany’sartandhistorical______willbesoldataspecialauctiontobeheldnextJuneatalocalmuseum.
随机试题
关于寰椎下列说法错误的是
拍卖成交后,()应当签署成交确认书。
计算机的输出设备主要有()、打印机、绘图仪等。
甲企业将其拥有的技术授权乙企业使用,每年向乙企业收取300万元的技术使用费,这种交易方式属于()。
根据增值税税法规定,企业下列()行为视同销售货物,计征增值税。
因扰乱体育比赛秩序被处以拘留处罚的,可以同时责令其()个月内不得进人体育场馆观看同类比赛。
地球两极地区所有的冰都是由降雪形成的。特别冷的空气不能保持很多的湿气,所以不能产生大量降雪。近年来,两极地区的空气无一例外地特别冷。以上信息最有力的支持以下哪一个结论?
经常硬目(CurrentAccount)(首都经贸大学2004年;北京工商大学2004年)
EvenbeforeeconomistHowardDaviesthinkingwheretoputextraairportcapacityinBritain,rejectingtheideaofbuildingabi
A.supplementedB.directC.expectationD.latterE.predominantlyF.outbreakG.la
最新回复
(
0
)