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Tuesday, January 22, 2013

Law On Mistakes And Misrepresentation Only

ASSIGNMENT : case study on Law of computer errors and misrepresntation Richard was a collector of fine free falls . He especially liked the bleak Tahitian falls which were found only off the coast of Tahiti in the S let onh Pacific . One day Cedric , a pearl merchant approached Richard and offered to sell him a stock of unforgiving Tahitian pearls which he intended to harvest soon . Cedric told Richard that he would find a trip to Tahiti in the upcoming pearl appease and would send his divers into the sea to collect 50 black Tahitian pearls for Richard . Richard signed a contract wherein it read 50 Black Tahitian pearls for 1000 . The pearls are naturally harvested and the emptor assumes the risk of any defect of quality of the pearls When the pearls are harvested , it turns out that they are not black Tahitian pearls but in fact only white-hairedness Tahitian pearls . Richard refuses to accept the pearls . Cedric grand for a sale , sells the pearls to Vincent , who claims that he is also a pearl collector . Vincent meets Cedric and passes him a cheque for 500 and collects the 50 pearls from him . When Cedric afterwards tries to cash the cheque , it bounces . Cedric then learns that Vincent was actually a fraudster by the name of Leon . In the mean time , Leon posing as a pearl merchant , dyes the pearls black and offers to sells them to Richard for 800 . When Richard asks if they are actual black Tahitian pearls , Leon smiles and does not say anything . Richard takes it as an compact and does not take any further steps to attend the pearls to see if they were genuinely black . Leon also says that the pearls were harvested by pass off when in fact he had no idea how they had been harvested . Richard takes the pearls and pays Leon 800 .
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later Richard learns that the pearls were in fact dyed black and were the same grey pearls he had rejected from Cedric . He also learns that the pearls were not harvested by hand but with a small machine which caused poor scratches to the surface of the pearlsAdvice Richard and Cedric as to their rights under the police force of mistake and refutal only Following structure1 . Develop 2 to 4 reasons (your assumptions and our house ) and analyse the relevant law in support of each(prenominal) reason2 . Show you are aware of the weaknesses of your arguments3 . State how you think the law should be changed and why (recommendation4 . Evaluate the conclusion e .gfrom a jurisprudential anglefrom a business practicality anglefrom a social or policy angleAdvise to RichardRichard May void the contract with Leon on some(prenominal) different groundsMistake of Terms of Contract : Leon knowingly vended grey pearls draped as black pearls . His act of painting them black proves that he knew the buyer (Richard ) intended to buy black pearls , and would have refused grey . The contract should be voided under Common Law mistake as...If you want to get a full essay, order it on our website: Ordercustompaper.com

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