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QUESTION 1- An actionable misrepresentation may allow a court to grant the equitable remedy of rescission, subject to any limitations, such as when restitutio in integrum is no longer available.

QUESTION 1- An actionable misrepresentation may allow a court to grant the equitable remedy of rescission, subject to any limitations, such as when restitutio in integrum is no longer available.
Using related case law, such as the Court of Appeal decision in Salt v Stratstone Specialist Ltd (t/a Stratstone Cadillac Newcastle) [2015] EWCA Civ 745, undertake an evaluation of the rules governing rescission. (85 marks)
(1100 WORDS)

QUESTIO N 2 Provide an outline of the skills that you have developed whilst preparing for this TMA.
(15 marks)
(150 words)


Learning outcomes
TMA 02 tests the following outcomes:
Knowledge
explain what is meant by a misrepresentation
explain the legal rules dealing with the remedy of rescission
explain the bars to rescission whilst using related case law
discuss the decision of the Court of Appeal in Salt v Stratstone Specialist Ltd (t/a Stratstone Cadillac Newcastle) [2015] and its likely impact on subsequent case law
discuss the development of skills.
Skills
digital literacy through the use of module materials and/or online legal databases
evaluative skills
communication skills
referencing skills.


Advice for Question 2: Personal development – research skills

This section of the TMA is asking you to identify the skills you have developed whilst preparing and responding to this TMA. This question is linked directly to the learning outcome: discuss the development of skills. This requires a personal response. It is a personal response as each individual will have existing skills and will be developing new skills.
As this is a personal response there is no prescriptive answer to this section of the TMA. You are being asked to identify the skills you have developed and how they supported you whilst undertaking the preparation for this TMA at Level 2 of your degree. For example, you may discuss the development of your communication skills, critical skills, research skills and writing skills. You may wish to focus on specific types of skills, such as legal research. You may provide an example, such as locating and reading case law; finding legislation and considering its application within a specific case and/or finding a journal article. You may wish to consider how these sources helped you develop a stronger understanding of the legal rules. If you faced any difficulties whilst developing any specific skill(s) you may wish to outline the problems you faced and how you intend to address these issues in the near future.

You may wish to visit the OU website dealing with essential legal skills. This will refresh your memory and provide some further support whilst responding to this section of the TMA. If there are any skills that need to be enhanced please identify them and explain how you intend to develop these skills.


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