Using your research and knowledge of Misrepresentation , you are required to produce a written assignment, of approximately 2000 – 2500 words, that addresses the following:
- A demonstration of your understanding of the rules using relevant statutes and/or case law. (LO 1)
- An evaluation of the advantages and disadvantages of Misrepresentation. (LO 3)
- An identification and analysis of any suggestions for the reform of Misrepresentation. (LO 3)
Based on the following case study – complete the tasks that follow the scenario.
Amina recently had the following experience.
Amina collects Rolex watches and is determined to have a full set from 1950 onwards. She is currently
missing a watch made in 1962, 1968 and 1973.
She sees an advert in an on-line auction house for a ‘1968 man’s Rolex watch, immaculate condition’, starting bid about £5,000. She is very excited by this and immediately offers to buy the watch for £6,000. She asks, however, for confirmation about the date of the watch.
The auction house emails Amina back, accepting her offer of £6,000 but stating that they think it is a 1968 watch as there is a receipt with the watch showing the initial purchase of it from a shop in Paris. The receipt is dated 14 April 1968.
Amina duly buys the watch. As soon as she gets it, she does full research on it and is devastated to find that it is a 1966 watch.
- Explain the key rules and cases that are relevant to Amina claiming damages from the on-line auction house so that she can recover the full £6,000 and from the emotional stress. (LO 1)
- Explain how the Courts would apply the rules in order to decide if Amina suffered a breach of contract. (LO 2)
- Analyse any relevant case law and statutes that may apply to Amina. (LO 2)
- Describe any vitiating factors that may have an invalidating effect on this otherwise well-informed contract. (LO 2)