How To Answer A Question On Misrepresentation

How To Answer A Question On Misrepresentation A contract may be define as a legally binding agreement between two or more parties, in relation to a particular subject. Contracts can cover an extremely broad range of matters, including the sale of goods or real property, the terms of employment or of an independent contractor relationship, the settlement of a dispute, and ownership of intellectual property developed as part of a work for hire. It can be said that contracts are the essential to commercial life. In Malaysia, the law of contract is regulated by the Contracts Act 1950. On the 6th of Dec 2012, Ted saw an expensive Rolex watch on display in one of the shops in GS Megamall, took it and while walking to the cashier counter, saw another watch (Seiko) and was taken by it. He immediately returned the Rolex watch in favor the new one. The manager of the shop, who was watching Ted, was not satisfied with Ted’s action and told Ted he has to pay for the Rolex watch as he had picked up the Rolex watch. Related case that can be referred is Pharmaceutical Society of Great Britain v Boots Cash chemist Ltd [1953]. The law requires that the sale of certain pharmaceuticals must be carried out under the supervision of a qualified pharmacist. Boots operated a store where the drugs were displayed on a self-service basis and the customers paid at a cash desk for the goods they have selected. A pharmacist was present at the cash desk but not at the shelves where the goods were displayed with a price tag. The Pharmaceutical society claimed that the law was contravened. The court held that the display of goods in the store was not an offer but an invitation to treat. It was the customer who made the offer and Boots could either accept or reject this offer at the cash desk (in the presence of the qualified pharmacist). The act of constituting the acceptance is the ringing up of the price on the till by the cashier and at that moment a binding contract of sale is made. In the case of goods on display in a shop or supermarket, the law has decided that it is the customer who makes the offer by taking the goods and placing them on the shopkeeper’s or cashier’s counter, and the shopkeeper or cashier accepts the offer by accepting the customer’s money. But Ted’s offer is not yet accepted by the shopkeeper because he does not place it on the shopkeeper’s or cashier’s counter. It is important to know which party makes the offer and which accepts. Actually, the price displayed on the goods is not the offer, it is only an invitation for the customer to make an offer and it is only an invitation to treat. The claims from the manager which he argued, by picking up the Rolex watch Ted has accepted the offer by the shop is invalid. Thus, ted is not liable to pay for the Rolex watch. This question deals with offer and acceptance. Is the flyer received by Ted is an offer or an invitation to treat? An offer is defined as â€Å"a statement made by one party of a willingness to enter into a contract on stated terms, provided that these terms are, in turn, accepted by another party to whom the offer is addressed†. Ted received a flyer from Rayan advertising an Ipad tablet for sale , but no price of the Ipad is stated in the flyer . Therefore, from the flyer , it is observed that Rayan is not seeking any potential buyer to make him an offer but Rayan himself is the offeror. The offer from Rayan is an offer may be made to an individual or to a large number of people. There was a case related to this situation which is Carlill v Carbolic Smoke Ball Co. (1892). Carbolic smoke Ball Co. Ltd., in its newspaper advertisement, promised to give  £100 to anyone who purchased their smoke ball remedy for influenza, and caught illness within 14 days. To show good faith, the company deposited  £1000 with a bank to meet any claims. Mrs. Carlill bought the remedy, caught influenza and claimed  £100. The court held that the advertisement was an offer to the world at large, and Mrs. Carlill had accepted the offer by purchasing and taking the remedy. An offer must be a definite promise by which the offeror intends to be legally bound by the terms stated. In Carlill v Carbolic Smoke Ball Co., the fact that  £1000 had been deposited with a bank showed that it was a firm offer and the company intended to be legally bound. Ted wrote a letter to show his interest on the tablet and Rayan replied on the 8th of Dec offering the tablet for RM 800. Ted received the letter on 9th of Dec and posted the letter of acceptance on 10th of Dec .This showed that Ted had accepted the offer from Rayan and the postal rule is applied in the case. The postal rules only apply when the ‘acceptance’ is sent by post as stated in the case. Acceptance here takes effect when the letter is posted. In other words, where acceptance by post has been requested or where it is an appropriate and reasonable means of communication between the parties, then acceptance is complete as soon as the letter is posted, even if the letter is delayed, destroyed or lost in the post so that it never reaches the offeror. There was a case related to this situation which is Adams v Lindsell. Lindsell wrote to Adams on Tuesday 2 Sept 1817. Lindsell misdirected the letter and as a result it was not received by Adams till 7.00pm on Friday 5th Sept. On that evening Adams posted a letter accepting Lindsell’s offer. The letter of acceptance was not received by Lindsell till Tuesday 9th Sept. On Monday 8th Sept, Lindsell not having received the answer on Sunday 7th Sept, as they expected, sold the wools to another person. The issue before the court was as to when acceptance took effect. The court held that acceptance took effect when the letter was posted on 5th Sept. Since Ted’s letter of acceptance was posted on 10th of Dec , and it was only received by Rayan on the 15th of Dec, but the acceptance took effect when the letter is posted on 10th of Dec. Therefore , the conclusion is Ted shall has the right to buy the Ipad. Ted had bought a new car, Proton Persona at Jason Autos whereby Jason told Ted that the mileage of the car has not done for more than 80.000 kilometers. However, on the next day after Ted bought the car, Ted’s friend, Peter, who was a mechanic, had told Ted that the car has been done around 150.000 kilometers. In this case, it involves of misrepresentation during the process of negotiation between Ted and Jason. Before the contract is made, Jason claims that the mileage of the car was not done more than 80.000 kilometers, this is a representation made by Jason during the negotiation, which turned to be untrue when Peter told Ted that the mileage of the car was about 150.000 kilometers after the contract is made. According to Sections 19 and 20, when consent to an agreement is caused by coercion, fraud or misrepresentation, or undue influence, the agreement is a contract voidable at the option of the party whose consent was so caused. In this case, it can be a fraudulent misrepresentation. Fraudulent misrepresentation occurs when one makes representation with intent to deceive and with the knowledge that it is false. This can be related with the case of Derry v Peek (1889), in a company prospectus the defendant stated the company had the right to use steam powered trams as oppose to horse powered trams. However, at the time the right to use steam powered trams was subject of approval of the Board of Trade, which was later refused. The claimant purchased shares in the company in reliance of the statement made and brought a claim based on the alleged fraudulent representation of the defendant. The court held that the statement was not fraudulent but made in the honest belief that approval was forthcoming. Lord Herschell defined fraudulent misrepresentation as a statement which is made either knowing it to be false, without belief in its truth, or recklessly, careless as to whether it be true or false. In this case, it is believed that the representation made by Jason was recklessly, careless as to whether it be true or false, this is because the mileage of the car can be checked but Jason told Ted that the mileage was not exceeding 80.000 kilometers but in fact it reached about 150 kilometers. The mileage of the car can determine the price of the car. As the mileage is larger, the price of the car can be sold at a cheaper price. Hence, it is believed that Jason, by means of recklessly or carelessly to make the wrong representation to Ted, has an intention of selling the car at a higher rate of price. Therefore, if Ted choose to affirm the contract by performing his obligations under the contract, which is to accept the car, he has the right to claim for the loss, or to repudiate the contract by returning the car back to Jason. Ted was working for Mr. Davis. Mr. Davis asked Ted to sign a contract, which declares that Ted has to transfer 17% of his properties to him. Ted agreed to sign the contract because he afraid that he would be fired from his job. After that, Ted realized that he had more lose when he agreed to sign the contract with Mr. Davis. Ted wants to escape the obligations of the contract between himself and Mr. Davis. This may refer to the case Inche Noriah v Shaik Akkie Bin Omar (1929) whereby undue influence happened. An old and illiterate woman executed a deed of gift of a landed property in favour of her nephew who had been managing her affairs. Before executing the deed, she had independent advice from a lawyer who acted in good faith. However, he was unaware that the gift constituted practically the whole of her property and did not impress upon her that she could have equally benefited her nephew by bestowing the property upon the nephew by a will. The court held that the gift should be set aside, because there was a presumption of undue influence raised by relationship between the parties and the presumption was not rebutted. Section 16 defines the term â€Å"undue influence†. Undue influence arises when one of the parties to a contract uses his special relationship with the other party to influence that other party into making the contract. Mr. Davis is using his dominant position in the relationship between Ted to influence Ted to sign the contract that is unfair to Ted. The effect of undue influence is to render the contract voidable at the option of the innocent party. Hence Ted does not have the obligation to follow the agreement signed and can be discharged. In a nutshell, from the several incidents happen to Ted, the Law of Contract regulated by the Contracts Act 1950 is implemented to protect him. All of all, the world could not be perfect, the world is full of confliction, and so, law is here to protect our rights and also from being faulty accused or being framed by others.

Communication Worksheet Essay

Compose responses to each of the following questions. 1. Which of the images demonstrates an interpersonal communication exchange? How can you tell? The third image indicates a healthy interpersonal communication exchange whereas the first picture shows an unhealthy interpersonal communication exchange. The first picture has two individuals who are communicating – unwillingly with each other and non-verbally whereas the third picture has the same thing – only voluntary. Each picture is the same communication exchange only with different and varied consequences and results. 2. What types of interpersonal communication are being displayed in the images? Why? The first picture is a display of interpersonal communication using a varied technique. The female is attempting to verbally and non-verbally persuade the male to communicate, even though he is using the same techniques in the polar opposite way. While she is attempting to persuade him to talk both verbally and non-verbally – he is attempting to persuade her that he doesn’t want to talk non-verbally. It can be assumed that at  some point, he will verbally tell her no. Part 3 Textual communication, or content that is read or viewed, also plays a role in communicating with others. Textual information may gain deeper meaning when the text is spoken or viewed in a specific context versus when it is read. Read the following quotes and write a 50- to 100-word interpretation of what you think is being expressed. Support your responses. If you wish to include references, please format your responses consistent with APA guidelines. †¢ â€Å"Maybe all one can do is hope to end up with the right regrets.† (The Ride down Mount Morgan, Act I) — Arthur Miller †¢ â€Å"Human history becomes more and more a race between education and catastrophe.† (The Outline of History, Ch. 41) —H. G. Wells †¢ â€Å"The world is very different now. For man holds in his mortal hands the power to abolish all forms of human poverty and all forms of human life. And yet the same revolutionary beliefs for which our forebears fought are still at issue around the globe—the belief that the rights of man come not from the generosity of the state, but from the hand of God. We dare not forget today that we are the heirs of that first revolution. Let the word go forth from this time and place, to friend and foe alike, that the torch has been passed to a new generation of Americans—born in this century, tempered by war, disciplined by a hard and bitter peace, proud of our ancient heritage, and unwilling to witness or permit the slow undoing of those human rights to which this nation has always been committed, and to which we are committed today at home and around the world. Let every nation know, whether it wishes us well or ill, that we shall pay any price, bear any burden, meet any hardship, support any friend, oppose  any foe, to assure the survival and the success of liberty.† — John F. Kennedy (1961 Inaugural Address) †¢ â€Å"In a sense we’ve come to our nation’s capital to cash a check. When the architects of our republic wrote the magnificent words of the Constitution and the Declaration of Independence, they were signing a promissory note to which every American was to fall heir. This note was a promise that all men, yes, black men as well as white men, would be guaranteed the ‘unalienable Rights’ of ‘Life, Liberty and the pursuit of Happiness.’ It is obvious today that America has defaulted on this promissory note, insofar as her citizens of color are concerned. Instead of honoring this sacred obligation, America has given the Negro people a bad check, a check which has come back marked ‘insufficient funds.’ But we refuse to believe that the bank of justice is bankrupt. We refuse to believe that there are insufficient funds in the great vaults of opportunity of this nation. And so, we’ve come to cash this check, a check that will give us upon demand the riches of freedom and the security of justice.† — Martin Luther King, Jr. (1963 â€Å"I have a dream† speech) Resources Kennedy, J. F. (1961, January 20). Inaugural address. Presidential inauguration, Washington, DC. Retrieved from: http://www.historystudycenter.com.ezproxy.apollolibrary.com/search/displaySuitemAsciiItemById.do?QueryName=suitem&fromPage=studyunit&ItemID=28545&resource=prd. King, M. L., Jr. (1963, August 28). â€Å"I have a dream† speech. Lincoln Memorial, Washington, DC. Retrieved from http://www.historystudycenter.com.ezproxy.apollolibrary.com/search/displayReferenceItemById.do?QueryName=reference&fromPage=studyunit&ItemID=phs00159&fromPage=studyunit&resource=ref WikiQuote. Retrieved from http://www.wikiquote.org. The above quotes are from Democratic individuals whom have all been identified as political at some point in their professional careers. Seeing that the general theme revolves around sociology, psychology and politics – it can reasonably be assumed that the generally intention of expression here is that taking on a more liberal/socialist mindset will result in the utmost patriotism through education, aspirations and helping to provide for a better future – ultimately utopia, however false that may be. In essence, the quotes are a progression of thought starting with Wells and ending with King Jr. Individually, the quotes could represent a much narrower scope of expression. H.G. Wells is expressing a morose attitude toward World War I as it was (at that time) known to be â€Å"the war to end all wars.† At that time, we were isolationists and even President Wilson running on an isolationist platform pushed us into WWI. Wells wrote this text in a time when he was thoroughly dissatisfied with modern history books – at the end of WWI. During this time period, man’s inhumanity to man manifest on the blood soaked battlefields of Europe and the medical wings with the mustard gas victims, the amputees, the blind – all evidence of man’s technological prowess only promising to grow exponentially. This quote then expresses a deep gloom whereas he’s saying that at that time, men could only hope for enlightenment. He realized that with our technological abilities – we were either going to destroy our world or improve it, and in the wake of WWI – it wasn’t looking very bright as far as our future was conc erned – globally. Miller was a perpetual victim. His stance on society as whole was masochistic in nature, although flowered with politically correct subtleties that allowed for his readers to elude the actual realities of the world at that time. Due to the nature of the world at the time of his writing that play – and the events that surrounded his life as he was writing it, it is reasonable to assume that he is simply stating that we all have regrets and will continue to have regrets – but upon our deathbeds, we should hope that those regrets were really worth it. In essence – we only live life once. Kennedy’s quote was similar to Wells – insofar as that we as a nation (and world) have the ability to (with technology and education) either destroy ourselves or improve our world, and expanded upon it. According to Kennedy’s speech – he thinks that the ability to abolish all forms of poverty is what our country was created to do, but is swearing to uphold our abilities to do just the opposite through a series of actions put forth by his entire administration. Because the quote was during his first inaugural speech, Vietnam was however, a later development which forced him to live up to his words – much like Obama will have to do if Iran breaks out today. So looking at this quote pretending to not know what his future administration held, I would say that he is attempting to express an identification of himself through the Democratic Party by calling our founders revolutionaries (which they weren’t – as they were attempting to sustain the status quo by protecting the Magna Carta, but that is a discussion for another time – which I fully anticipate being challenged on that assertion!). In doing this he is hoping to portray his administration as being â€Å"revolutionaries† like the founding fathers in order to get a public approval for his massive expansion of social programs (much like FDR – boo hiss boo hiss). Martin Luther King Jr. expressed a total lack of understanding that the Declaration of Independence was not the law of the land. (Perhaps I should say Stanley Levison since Levison wrote much of King’s speeches even though he was under heavy investigation by the FBI for being associated with communist individuals and ideals) Specifically I am stating that the â€Å"pursuit of happiness,† was not actually â€Å"to be happy,† rather – to live a virtuous life. King’s failing was that he was anticipating that the Constitution guaranteed equality in outcome rather than equality in opportunity. Perhaps it wasn’t his failing, rather – the failing of the education system that prevails to this day. However, in the quote above, King/Levison was attempting to express – or was attempting to get the public to perceive – that socialism or â€Å"equality† through the means of race – could be achieved in this country so long as public pressure via the speech would be placed as a lien against the racism happening during that time.

Lung Cancer A Malignant Cellular Transformation And...

Lung cancer is a malignant cellular transformation and growth of the lung and the airway tissues. It is usually divided into two main types: Small Cell Lung Cancer (SCLC, 15%) and Non-Small Cell Lung Cancer (NSCLC, 85%) with the latter further subdivided into several subtypes such as Squamous carcinoma, Large Cell carcinoma, and Adenocarcinoma among other rare subtypes. Each subtype has its own unique growth and spread pattern with some being more aggressive than others. Lung cancer is staged according to the American Joint Committee on Cancer (AJCC) using the TNM system, where T stands for the size, N for nodal involvement and M for the presence of distant metastases. The knowledge of the lung cancer main types, subtypes and stage, and the presence of specific molecular and genetic signatures, help the clinician determine the appropriate treatment approaches be it surgical, radiation, chemotherapy and the combination of, in addition to the appropriate type of chemotherapy regimen. ( SEER, ACS, AJCC, 2014) Lung cancer has been the most common cancer in the world for several decades. The 2012 International Agency for Research on Cancer (IARC) estimate was 1.8 million new cases which constituted 12.9% of the total number of new cancers diagnosed worldwide. Fifty eight percent of which occurred in the less developed regions. Lung cancer remains the most common cancer in men worldwide (1.2 million, 16.7% of the total) with the highest estimated age-adjusted incidence rates inShow MoreRelatedCase Study on Hypokalemia8797 Words   |  36 Pagesleukocytes. Ligament- a sheet or band of tough fibrous tissues that connects bones or cartilage ata joint or supports an organ , muscle, or other body part. Lymphadenopathy- a disease, disorder, or enlargement of the lymph nodes. Lymphedema- a form of edema resulting from the loss of normal lymph channel drainage of the affected part. Lymph vessels may be blocked by cancer or parasitic filarial worms, or may have been removed in the course of cancer surgery. Myocarditis- acute or chronic inflammationRead MoreDental Question Bank33485 Words   |  134 Pagesthromboplastin activation 37. Suppuration is mainly the result of the combined action of four factors; which of the following is not one of these factors A. B. C. D. E. Necrosis Presence of lymphocytes Collection of neutrophils Accumulation of tissue fluid Autolysis by proteolytic enzymes 38. Which of the following lesions CANNOT BE classified as an intra-epithelial lesion** A. B. C. D. E. Herpes simplex infections Pemphigus vulgaris Herpangina Lichen planus Hand, foot and mouth disease Read More_x000C_Introduction to Statistics and Data Analysis355457 Words   |  1422 PagesBoxplot Shapes 190 Graphing Calculator Explorations 195 5 Summarizing Bivariate Data 5.1 Correlation 200 199 5.2 Linear Regression: Fitting a Line to Bivariate Data 210 5.3 Assessing the Fit of a Line 221 5.4 Nonlinear Relationships and Transformations 238 5.5 Logistic Regression (Optional) 255 5.6 Interpreting and Communicating the Results of Statistical Analyses 264 Activity 5.1 Exploring Correlation and Regression 267 Activity 5.2 Age and Flexibility 268 Graphing Calculator Explorations 272

Illegal Immigrants and Criminals - 1886 Words

With the need of workers with a high dreger who can we be letting people with the education and patient not work. Why do so may find the need to keep the american dream out the reach of many who worked hard for it. The story of so many high school student not be able to attend the school of their dream because they are not ligalal. This is a story I hear often one of a student who has worked so hard and has been able to get good grades be the first in their family to graduates and have no where to go. Some do make it to college, community college that is where they have to work and study because they dont get the help they deserve. There are so many opsicale for students that are labeled illegal, undocumented,and AB540 all words to†¦show more content†¦A point that was brought up in the documentary was that this stated is in need of educated workers as well as people to enlist in the army. Illegal students have the qualifications but are not allowed to use their skills and t herefore forced to work in blue collar jobs and waste their talent.This is meant for people that think of all immigrant as a bertrand, to people that still believe that this nation will not be helped but damned if we give immigrants citizenship. This article assumes that many do not give this problem a face a personal story. I feel that many are forced to focus on the bad stories they hear in the news that show immigrants involved in crimes. people are told to fear and beware of those who are here to still the american dream as if they are here to take what they dont deserve. We are persuaded to feel sympathy as well as support the idea that what is happening to this people in unfair and should be changed because it is the right thing to do. 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