Misrepresentation Agreement Essay

We are informed in the report that Mr Agnew has had his opinion confirmed by art historians in France, America and the United Kingdom. An assertion of an honest opinion may also be a workable misrepresentation if the manufacturer of the statement « implicitly states that he or she knows facts that justify his opinion. » The facts of this report seem to show that this is exactly what Mr. Agnew did. As represented in Esso Petroleum Ltd/Mardon[6], the agent should be reasonably prudent and competent to testify, particularly if he or she has « special knowledge or skills » in this matter. It is questionable whether Mr. Agnew had « special skills » in this area, when the representative is expected to have sufficient skills to make a reliable judgment and to have, as it should be, a superior knowledge than Mr. Drake. Although his opinion that the painting was a Van Dyck was honest and he gave facts to justify himself (i.e. the assurance given by other art historians), the statement was not accurate, which may be misrepresentation. When a person or party is compelled to act or act because he or she has been threatened or coerced into signing a contract, where the courts stipulate that there was no genuine consent to the drafting of the contract, which interprets it as fraud or misrepresentation, making the contract null, void or unenforceable.

(Cheeseman, 2013) Appropriate type of compensation and remedies in contractual cases In the event of a breach of contract, the duty of care in which one party owes the other party an obligation to perform an act is divided into three stages, complete, substantial and inferior. (Cheeseman, 2013) Types of damage In the event that a person committing fraud, the innocent party may apply for an unauthorized liability claim, which it could ask the court for compensation for the non-performance of punitive damages. Some states require that an innocent party have to choose between terminating the contract or pursuing damages. However, some states have established that the innocent party can take action in the event of resignation and compensation. An innocent party has been harmed by fraud in a contract for the sale of goods can both terminate and sue for liable damages.