WJEC Eduqas A Level Law Book 2 sample

24 Contract Law Section 2(2) Misrepresentation Act 1967 Under s2(2) Misrepresentation Act 1967 , the judge has the discretion to decide which remedy to apply. Rescission will therefore not be available if the judge has decided that damages are a more appropriate remedy. Economic duress A contract may be set aside because extreme coercion has rendered it commercially unviable (economic duress). Five conditions need to be satisfied for there to be a finding of duress: 1. Pressure was exerted on the contracting party: North Ocean Shipping Co v Hyundai Construction Co (1979) (The Atlantic Baron) . 2. The pressure was illegitimate: Atlas Express Ltd v Kafco (Importers and Distributors) Ltd (1989) . 3. The pressure induced the claimant to enter the contract: Barton v Armstrong (1975) . 4. The claimant had no choice but to enter the contract: Universe Tankships v International Transport Workers’ Federation (1983) . 5. The claimant protested at the time or shortly after the contract was made: North Ocean Shipping Co v Hyundai Construction Co (1979) (The Atlantic Baron) . Exam Skills This topic could feature on the WJEC A Level units 3 and 4 exams and Eduqas A Level components 2 and 3 exams. Ensure you are able to analyse and evaluate misrepresentation and economic duress, but also be able to apply the legal rules and principles of misrepresentation and economic duress to given scenarios. Research these key cases for misrepresentation and find out the facts and judgements in both. How were the cases eventually resolved? • Howard Marine and Dredging Co Ltd v A Ogden and Sons (Evacuations) Ltd (1978) • Spice Girls Ltd v Aprilia World Service (2002) GRADE BOOST With your class or group, discuss the benefits of bringing a case of misrepresentation under statute as opposed to the common law. Conclude with an evaluation of the law on misrepresentation and whether it provides consumers with an adequate remedy. STRETCH AND CHALLENGE