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
113
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
Ifyouhaveagreedtogoouttoeatwithsomeone,youshouldbeclearwhoispaying.Iftheotherpersonsuggeststhatyoushoul
Mr.Ting’snetcashinflowfromoperatingactivitiesfortheyearending30Juneis$123,000.Thefollowingadjustmentswereincl
Writeshortnoteson:(a)Property.(b)chosesinpossessionandinaction.(c)rightinremandinpersonam.
Themostextensiverightallowedbythelawofdealingwithathingtotheexclusionofallothersiscalledpossession.
List3groupsofimpliedterms.
trade,above,expiration,respond,strike,profitable,seller,how,most,financialIngeneral,anoptiongivestothebuyer
ABCCo.Ltd.purchasedacarfor$12000,makingadownpaymentof$5000cashandsigninga$7000notepayableduein60days.
Underwhichoneofthefollowingcircumstanceswoulditbewiseforyourcustomertoarrangeaforwardforeignexchangecontract
A、Thedraweebankwillrefusetopaythedraft.B、Thedraweebankwillissueanotherdrafttothecustomer.C、Thedraweebankwi
Christie’sAuctionAnauctionofChristieissupposedtoopenonFriday,13October2007,beginningat7:00p.m.intheMichigan
随机试题
下列不是建设项目包括的典型任务的是()。
世界杯期间,法国足球队有替补队员参与了罢训事件。如果上述判断为真,则以下哪项不能确定真假?Ⅰ.法国足球队的替补队员尼尔参与了罢训事件。Ⅱ.法国足球队有的替补队员没有参与罢训事件。Ⅲ.法国足球队全体队员都没有参与罢训事件。Ⅳ.法国足球队没有任何替补队
我国第一部纪传体通史是()
早期诊断急性血源性骨髓炎最可靠的依据是
在计算机网络中使用MODEM,其主要作用是()。
下列合同中,属于无效合同的有( )。
在设定绩效评估标准时,通常要考虑的标准有()。
(2010年考试真题)对于平等民事主体当事人之间发生的经济纠纷而言,有效的仲裁协议可以排除法院的管辖权。()
[2013年·吉林·判断]《中华人民共和国教师法》颁布于1991年。()
Theteachertoldtheclassto______withtheirexerciseswhilehewasoutoftheclassroom.
最新回复
(
0
)