Assessment Three Case Study Example | Topics and Well Written Essays - 1500 words

Assessment Three - Case Study Example On Mar 19, Del was also able to enter a large contract to install tracking for a building society. On March 29, Del found out through phone inquiry that Boyse was not able to finish the van modification. Boyse promised to deliver by March 30, although reluctant. After the van was delivered and Boyse have left, Del found out that the front seat would not tip forward to allow access to the passenger seat. Likewise, the name printed on the side of the band read "Trickers" and not "Trackers." In the process of delivering the van without the modifications specified, Boyse already committed a grave mistake towards his customer. And the fact that Del, the customer was compromised to loss or acquire damages due to the negligence of Boyse all the more added weight to Boyse's failure to deliver as promised or agreed upon. In common law jurisdictions under contract law, misrepresentation are the false statement of fact made by one party that effect to induce another party into the contract. This is with the premise that three elements are necessarily established under the contract. Contract in this context is a legally binding exchange or agreement between parties that the law will enforce based on the Latin phrase pacta sunt servanda1. These elements are: offer and acceptance, consideration and intention to create legal relations. In the Offer and Acceptance In the case of Boyse and Del, Boyse made an offer to modify the van he was selling and the offer was accepted that is why there was a sale. The offer of modification include adjustment or removal of the passenger seat in its original location, adjustment of the passenger seat behind the driver's seat, and modification of the driver's seat which is to make it tip forward to allow access to the passenger seat. Another offer was to print the sides of the van with a specified name which was "Tracker". The last offer of course, was the delivery of the van on March 30. Nevertheless, basing on the case of Gordon v Selico (1986) 18 HLR 219 it is possible to make a misrepresentation either by words or by conduct, yet not everything said or done constitute a misrepresentation. In many cases, statements of opinion or intention are not statements of fact in the context of misrepresentation2. In the case of Boyse and Del, Boyse seem to have committed negligent misrepresentation, the following applies from the Misrepresentation Act 1967 under damages for misrepresentation: "(1) Where a person has entered into a contract after a misrepresentation has been made to him by another party thereto and as a result thereof he has suffered loss, then, if the person making the misrepresentation would be liable to damages in respect thereof had the misrepresentation been made fraudulently, that person shall be so liable notwithstanding that the misrepresentation was not made fraudulently, unless he proves that he had reasonable ground to believe and did believe up to the time the contract was made that the facts represented were true. (2) Where a person has entered into a contract after a misrepresentation has been made to him otherwise than fraudulently, and he would be entitled, by reason of the misrepresentation, to rescind the contract, then, if it is claimed, in any proceedings arising out of the contract, that the contract ought to be or has