CONTRACT LAW

Contract Law

Contract Law

Introduction

In the contract law neglect misrepresentation is a concept. Generally misrepresentation can be termed as a situation or an event where a person in order to make a deal, sale a product and in order to get something uses false statements. Mostly people make use of these statements without knowing the facts that whether a statement is true or false. An individual or a dealer make use of words that have general meaning and usually he commits an act of carelessness while giving any comment or making a statement. The following report will provide an advice to Robbie who recently purchased a car from a dealer as he founds that he has been misrepresented. The report will enable Robbie to decide whether he can file sue case against the dealer from whom he has purchased the car.

Discussion

Robbie thinks that the dealer has provided wrong information about the car he has bought. The concept of misrepresentation is present in contract law and their two kinds of misrepresentation: one is innocent misrepresentation and second is fraudulent misrepresentation. Thus Robbie will first need to find out whether there was an innocent or fraudulent misrepresentation by the car dealer. In case of an innocent misrepresentation the person delivers a statement when he or she believes that it is correct but in reality it is not. People who make innocent misrepresentation believes on the information provided to them or may be possible that they use old or outdated information. On the other side fraudulent misrepresentation is made on the basis of lies, the person deliberately speaks a lie and deliberately delivers a wrong statement. Most of the misrepresentation is done by through negligent misrepresentation where dealers or the sellers alter the facts in order to sell or close a deal with the buyer. Sometimes negligent misrepresentation also takes place when people in the spur of the moment makes or delivers a statement about which they do not have any facts or figures.

If the misrepresentation is made under a contract law then there cannot be a suit filed against the person. According to the contract law if the car dealer or any other person has provided a misrepresented statement with which the buyer gets no harm then the dealer or the seller cannot be sued. In case of Robbie he has been misrepresented by the dealer but Robbie does not have any written or contractual evidence against the statement of the dealer. Robbie also does not even have any witness about the conversation taken place between him and the dealer; therefore it will be very hard for Robbie to prove the misrepresentation done by the dealer.

Law also further defines the misrepresentation and differentiates it with Puffery. Sometimes dealers, sellers and salesperson use puffery language which defines everything subjectively but in real these words meaning is different. For example many car dealers use or make the statement that this car is very good for a drive or in case of Robbie the dealer ...