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A Level Law (Contract) Assignment 8 - Misrepresentation

 

Task

You will be set one of the following questions:

 

1. 'The remedies available to a person suffering from a misrepresentation are now not very different from those for breach of contract.'

Discuss the accuracy of this claim.

(Q3 June 2001)

or

2. In a brochure promoting a new training course for computer engineers, Omnifix describes the computer equipment to be used as 'the most recent available, and suited to the needs of professionals'. Omnifix also explains in the brochure that the course will take place 'in the comfort of top quality hotel accommodation'.

Priya reads the brochure and is impressed by the description of the equipment and accommodation. Despite the high cost of the course, Priya decides to enrol as she hopes that it would enable her to undertake some profitable work. When the course begins, Priya is told that the computer system which was described in the brochure is not available, and she finds that the computers which are being used are of very simple specification. In addition the hotel in which the training takes place is cold and noisy

Priya is annoyed at having paid such a high price for an uncomfortable hotel, and, because of the lack of suitable equipment, she feels that the training has not been sufficient to enable her to undertake new work.

Advise Priya of any remedy she may have against Omnifix.

(Q7 June 2000)

or

3. Critically assess the remedies available to a person who has suffered from a misrepresentation in forming a contract.

(Q1 June 1999)

or

4. Quentin buys a second-hand caravan from Romany Ltd which is described as 'in excellent condition, ideal for all year round family holidays'. After delivery of the caravan, Quentin discovers that there are scratch marks along the side of the caravan body and that the water supply does not function. In addition, when he uses the caravan for a holiday in Scotland, he and his family are cold and it is found that the insulation is inadequate, making the caravan unsuitable for winter use.

At the end of his holiday, Quentin also buys a second-hand television for use in the caravan from a fellow holiday maker, Sharina. Quentin purchases this on the basis of Sharina's assurance that it is reliable and provides a very clear picture. However, on returning home, he finds that the picture becomes blurred after about one hour of use. Quentin attempts to return the television to Sharina the following year when they meet again at another caravan site.

Advise Quentin of any remedies he may have in relation to the caravan and the television, both in misrepresentation and under statute law.

(Q7 June 1998)

or

5. Ashley owns a car sales showroom and is visited by Basil, who seeks advice on a suitable car to use for his proposed new taxi business. Whilst showing Basil around his range of new cars, Ashley recommends one particular model, a Supremo, which Ashley claims is 'smart looking and economical to run'. Ashley also tells Basil that he believes that the car has been serviced regularly and that it has recently had a new exhaust system fitted. Basil is impressed and three weeks later decides to buy the Supremo. He collects it the following day.

A month later Basil is disappointed to find that there are some rust patches on the car door and that, far from being economical, the Supremo is very expensive to run. In addition, the exhaust is now worn, since only a small part of the system had been replaced recently. Apart from spending more than he intended on fuel, Basil has lost trade amounting to several hundred pounds as a result of the car being off the road whilst being repaired.

Advise Basil as to any remedies which he may have against Ashley.

(Q7 June 1997)

or

6. Assess whether the remedies which are available to a person who has been induced into a contract by misrepresentation are satisfactory.

(Q6 June 1996)

or

7. Is it correct to say that every untrue statement which induces a contract will amount to a misrepresentation in law?

(Q4 June 1995)

or

8. Shirley wishes to set up an aeroplane service for business people flying between London and Rome. She answers an advertisement in a trade paper for the sale of a light aircraft. Two weeks before completing the contract Shirley is advised by the seller, Dorianne, that the fuel capacity of the aircraft will enable her to fly between the two cities without the need to refuel. She purchases the aeroplane for £500,000 and sets up her business, Exec Jet Ltd. On a trial flight to Rome she is forced to land and refuel before she reaches her destination. Further investigation reveals that the aircraft is only suitable for short flights and does not have the capacity to fly the distances she requires on a single tank of petrol. As a result Shirley is forced to abandon her business plans. The aircraft is worth £100,000 less than Shirley paid for it and, in addition, she has incurred considerable expense in setting up her business which was expected to earn a substantial profit.

(Q9 June 1994)

or

9. 'It is unfortunate that the Misrepresentation Act 1967 far from clarifying and codifying the various … remedies … appears to have added another layer of complexity on the uncertain foundations of the previous common law.' (Hogan, Seago and Bennett)

In the light of this quotation, discuss the remedies which are available for misrepresentation.

(Q6 June 1992)

 

Guidance

My students should see me in the Law workshop or email me if help is required with this assignment.

 

Set: [date]

Due: [date]

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