WJEC Eduqas A Level Law Book 2 sample

Misrepresentation and economic duress What is a misrepresentation? A representation is a statement made at the time of the contract being made and can be incorporated into the contract. If the representation is falsely made, however, it can be a misrepresentation and can cause the contract to be voidable. Legal definition A misrepresentation is: • a statement of material fact ( Bisset v Wilkinson (1927) , Edgington v Fitzmaurice (1885) ) • made by one party to a contract to the other party ( Peyman v Lanjani (1985) ) to the contract • during the negotiations leading up to the formation of the contract ( Roscorla v Thomas (1842) ) • which was intended to operate and did operate as an inducement ( JEB Fasteners Ltd v Marks Bloom & Co Ltd (1983) , Attwood v Small (1838) ) to the other party to enter the contract • but which was not intended to be a binding obligation ( Couchman v Hill (1947) ) under the contract, and which was untrue or incorrectly stated . Spec reference Key content Assessment Objectives Where does this topic feature on each specification/exam? WJEC A Level W3.9: Misrepresentation and economic duress Eduqas A Level E2.1.4: Misrepresentation and economic duress • Fraudulent misrepresentation: the meaning of fraudulent misrepresentation and the remedies available • Innocent misrepresentation: the meaning of innocent misrepresentation and the remedies available • Negligent misrepresentation: the meaning of negligent representation and the remedies available • Misrepresentation Act 1967: statutory misrepresentation under s2, the limitation of liability under s3 and the remedies available • Economic duress: meaning of economic duress, distinction with duress to the person and any available remedies AO1 Demonstrate knowledge and understanding of legal rules and principles AO2 Apply legal rules and principles to given scenarios in order to present a legal argument using appropriate legal terminology A03 Analyse and evaluate legal rules, principles, concepts and issues WJEC A Level: Unit 3; Section B. Unit 4; Section B Eduqas A Level: Component 2; Section A. Component 3; Section A Research the following cases and discuss their influence on representation. 1. Bisset v Wilkinson (1927) , Edgington v Fitzmaurice (1885) 2. Peyman v Lanjani (1985) 3. Roscorla v Thomas (1842) 4. JEB Fasteners Ltd v Marks Bloom & Co Ltd (1983) , Attwood v Small (1838) 5. Couchman v Hill (1947) STRETCH AND CHALLENGE 21