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  • Essay / Essay on Misrepresentations - 1535

    a. It is clearly evident that, based on the advertisement in the magazine, I was encouraged to inquire about the product from the company. The advertising specifically gave the technicality of the products and their specifications. It is clear from the advertisement that it was presented with the aim of encouraging customers to purchase the product. That is why all the specifications have been given in the advertisement along with the address from where the product can be purchased. Now when the advertisement is clearly analyzed it is evident that the advertisement contained false claims that it can be used in any type of sound broadcasting equipments and after scientific testing it has been proven to improve the quality sound by 50%. But when the product was used, it was defective and did not meet any of the advertised requirements. In the present case, if analyzed carefully, a clear case of misrepresentation is established under contract law. The main ingredients to prove a misrepresentation in contract are firstly that a false statement is made and secondly the statement has such value that the other party acts on the basis of the statement and thirdly, because of the act on Based on this statement, the other party suffers losses (http://www.lawteacher.net/contract-law/lecture-notes/misrepresentation-lecture.php). As we see in the case of Krakowski v Eurolynx Properties Ltd, in which an agreement was reached between the plaintiff and the defendant in which the defendant had agreed to provide a strong tenant to the plaintiff which was subsequently provided, but the defendant hidden the important fact that he had signed another agreement with the tenant which provided the tenant with the funds for rent for the first three...... middle of paper ......everyone deals of these products expertly for years and therefore believed their advice that I took expert advice into account, so they exercised their advantageous position to cause me a loss and I get no benefit in this transaction.g. I would file the case in the local district court having jurisdiction over the area where cases of a civil nature are tried. If either party is dissatisfied with the outcome of the judgment, they must appeal the points of law to the courts of appeal where the appeal is pending before this court. But in the appeals court, discussions of facts and evidence would not be allowed. and no new facts would be presented without the authorization of the court, only points of law would be discussed. References: 1. http://www.lawteacher.net/contract-law/lecture-notes/misrepresentation-lecture.php.