Consumer and the law Essay Example | Topics and Well Written Essays - 2500 words

Consumer and the law - Essay Examplen, MW billed them for roadside repairs claiming that an insurance respect paid for by Seema and Robin contained an exclusion clause exempting liability for such repairsUnder the law of wither mis imitation refers to communication of false facts which induces the recipient to enter into a contract.1 In this regard, misrepresentations can be do either negligently, fraudulently or innocently and the resulting remedies largely depend on the type of misrepresentation made.2 In a typical misrepresentation case, the innocent party can rescind the contract and/or taste damages.3On the facts of the case for discussion it is difficult to determine whether or not bottoms representation that the vehicle was fit for its intended use was an innocent misrepresentation of false facts, negligent or and then fraudulent. Seema and Robin discovered that the railroad car had some mechanical difficulty after half an hour of driving. The task was discovered by a garage in Oxford. Assuming that MW has their vehicles examined before offering them for hire, the problem with the guidance and the gear should have been discovered by MWs mechanics. In the event the vehicles problems had been discovered, Johns statement constitutes fraudulent misrepresentation. If no such examination was made, Johns statement that the car was fit for its intended purpose was, at the truly least negligent.In any event, Robin and Seema depart be required to prove that they relied on Johns misrepresentation or was at the very least, induced to enter into the contract for hire by Johns misrepresentation.4 If they did not rely on the misrepresentation and had relied on their own information and judgment then they cannot claim to have relied on the misrepresentation.5 in that respect is no evidence that Robin or Seema exercised independent judgment. It therefore follows that they relied on Johns misrepresentation. In fact, even if John had offered the pair an opportu nity to inspect the vehicle and