LAWHORSE

People tend to fail to find the differences between Misrepresentation and Fraud. Before jumping into misrepresentation; let's take a look at simple differences.  MISREPRESENTATION ELEMENT FRAUD Yes Wrong Information Yes No Knowledge Yes No Intention to Deceive Yes What I understand from misrepresentation, was there was no deceiving intention by the contracting party just the misleading information which failed for free consent because the wrong information has made another party decide wrongfully. The elements of misrepresentations are an unaware statement, breach of duty, and inducing mistakes of the subject matter. The misrepresentation should be fundamentally wrong with the purpose of the contract, there should be inequal knowledge for both contracting parties, and meeting of the state of mind. The illustrations for misrepresentation are;  a)  State of mind, in certain cases where A buys shares to clear his debt, but he claims that he wanted to build a building using t...

No No No It's not what you're thinking about. Law was my first choice. I am grateful for where am I now. Hahaha  Contract of a mistake does not fulfill free consent.  A mistake is an error in understanding something. It either the mistake regarding the law or facts. The mistake should be in the facts of the contract, either regarding the concern. The mistake should be a major and significant matter of a contract, minor mistakes do not amount to mistake. Another important factor is, two (2) people should have made the mistake. A unilateral mistake does not amount to a mistake. Let's apply it to real-life illustrations.  a)    Both parties agreed for a sale of the horse which dies on the date of the agreement. It is a common mistake. b)    A party mistakenly loaded goods in a November ship that has the same name in contact, the second party  loaded goods in a December ship. This is a mutual mistake, where parties committed two different mistakes on ...

Picture Credit: ENR There is a current case of fraud, Published by  Mary B. Powers  and  Debra K. Rubin  on January 24th, 2021, in Engineering New Record.  Two executives of a woman-owned air quality consulting firm that held contracts with the Port of Los Angeles filed suit Jan. 20 against the port and city for breach of contract and retaliation after reporting sexual harassment and instances of alleged contracting fraud. Before you call someone as YOU FRAUD!!! know what is it. From my understanding, fraud makes a contract void. This is because, there was an intentionally false representation of a fact, active concealment of a fact, a fake promise without the intention for performing it, or any other intention to deceive the contracting property and any such act or omission as the law specially declares to be fraudulent Silence also can amount to fraud when the deceiving party tells only half the truth. However, in a matter of silence, it do...

Influencer or Imposter ??? During the first wave of Movement Restriction Order (MCO),  youths were participating in online games. One of such is the Among Us, mobile game. The game's instructions are simple, if you're the chosen imposter, you should not expressively mention your position to other game members. The Imposter should influence others making them believe the third player is the imposter until he is the single person alive in-game. Then the player is announced victorious. Hear what? Seems practical to real life? Let's identify the traits of an Imposter as pursuant to Article 16 of the Contract Act 1950 before the imposter influences to kills us silently. In my understanding, undue influence is the killer of a contract because there is no element of free consent. Undue influence happens when a dominant position in a contract receives an unfair advantage over the less powerful in a contract. For a real-life example;  a) A spiritual advisor asks his weak consultant ...

Coercion cannot but result in chaos in the end - Mahatma Gandhi  In my understanding, for a contract to be free of consent, it needs to exclude the element of coercion. Coercion is the force, pressure, metal torture put by another into you for contractual purposes. You are being coerced if, someone threatens you accordingly with to Penal Code or detains your property for contractual purposes. For a clear illustration;  a) A is detaining wife's necklace until he wife agrees to contract b) A threatens husband to suicide unless he agrees to a contract. c) A threatens to detain the deceased body from performing the rituals unless B agrees to contract for any specific purposes.  I have written in legal terms and explanation for coercion below; There are THREE important elements under this topic which are : The coercion must be the committing of an act forbidden by the Penal Code The coercion must be unlawful detaining or threatening to detain any property . The act of coerci...