![]() ![]() If the statement that has been made is untrue, then this may amount to a misrepresentation and thereby affect the validity of the contract, whether or not this is a statement of fact or law as shown in MCI WorldCom International Inc v Primus Telecommunications Inc EWCA Civ 957. A representation is a statement of opinion made by one party to another which subsequently induced the other party to enter into a contract (Fafinski and Finch, 2009: 113). Misrepresentationĭuring the negotiation stage of a contract many things are said, some which are considered representations and thus enforceable under the contract and some which become terms of the contract. Thus, it was noted in this case that the courts will “attach weight (a) to the importance of the agreement to the parties, and (b) to the fact that one of them has acted in reliance upon it.” In accordance with this, it will be discussed what impact misrepresentation, mistake, duress, and undue influence has upon the validity of a contact. ![]() This will often prove extremely complex (Poole, 2006: 199) since the courts will adopt an objective test when deciding whether the parties had the intention to create legal relations as identified in Edwards v Skyways Ltd 1 All ER 494. The party who wishes to rebut the presumption will have the onus of proving that they did not have the intention to create legal relations because of a particular factor (Gulati, 2011: 127). In the case of an ordinary commercial transaction, there will, in fact, be a presumption that the parties had intended to create legal relation although this presumption will be capable of being rebutted in certain circumstances (Saha, 2010: 163). In order for any contract to be binding between the parties, there must be an intention to create legal relations as shown in the case of Kleinwort Benson Ltd v Malaysia Mining Corpn Bhd 1 All ER 785. WritePass - Essay Writing - Dissertation Topics Ĭontract law is primarily concerned with the enforcement of promises and is regulated largely by the common law. ![]()
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