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Consumer and the law - Essay Example

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Those issues are misrepresentation and the validity of an exemption clause. On the facts of the case for discussion, John, the owner of MW, aware of the purpose for which…
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Consumer and the law
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Download file to see previous pages n, MW billed them for roadside repairs claiming that an insurance note paid for by Seema and Robin contained an exclusion clause exempting liability for such repairs
Under the law of contract misrepresentation refers to communication of false facts which induces the recipient to enter into a contract.1 In this regard, misrepresentations can be made either negligently, fraudulently or innocently and the resulting remedies largely depend on the type of misrepresentation made.2 In a typical misrepresentation case, the innocent party can rescind the contract and/or seek damages.3
On the facts of the case for discussion it is difficult to determine whether or not John’s representation that the vehicle was fit for its intended use was an innocent misrepresentation of false facts, negligent or indeed fraudulent. Seema and Robin discovered that the car had some mechanical difficulty after half an hour of driving. The problem was discovered by a garage in Oxford. Assuming that MW has their vehicles examined before offering them for hire, the problem with the steering and the gear should have been discovered by MW’s mechanics. In the event the vehicle’s problems had been discovered, John’s statement constitutes fraudulent misrepresentation. If no such examination was made, John’s statement that the car was fit for its intended purpose was, at the very least negligent.
In any event, Robin and Seema will be required to prove that they relied on John’s misrepresentation or was at the very least, induced to enter into the contract for hire by John’s misrepresentation.4 If they did not rely on the misrepresentation and had relied on their own information and judgment then they cannot claim to have relied on the misrepresentation.5 There is no evidence that Robin or Seema exercised independent judgment. It therefore follows that they relied on John’s misrepresentation. In fact, even if John had offered the pair an opportunity to inspect the vehicle and ...Download file to see next pagesRead More
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