Business Law Assignment And Misrepresentation

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Business Law Assignment And Misrepresentation

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Business Law Assignment And Misrepresentation

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Question:
Discuss about the Business Law Assignment and Misrepresentation.

Answer:

Outline of Laws

Misrepresentation is a thought in the contract law which is mainly applicable in England and some other countries. This concept of the contract law refers to the false statement of some particular fact made by a person or party to another person or party(Elliott and Quinn 2007).
Duress is a contract law that cannot be enforced against a particular person who was enforced to agree on a contract. Duress is not the right pressure to exert upon a person.

Now according to the English laws Misrepresentation and Duress can only have happened when a particular company or person is forced to agree on a particular contract. In this case, Chin Swee has claimed that the defendant Beads & Baubles had made Dennis to sign a late contract. This is where the issues of those two laws have appeared. So according to the English law jurisdictions if the second contract was a forced one then the claims of Chin Swee and the issues are correct (Keenan and Smith 2001).
In this case, the Beads & Baubles must be supported because it hasn’t ruined the contract. The company has maintained all the agreements like an offer from other suppliers, indicative estimates, etc. The thing which Paul did wrong is, he gave him the surety of $2 million, but it was not in the agreement, though. From the first part of the last part of the agreement was maintained by Beads & Baubles. The second agreement which took place on the 9th March 2015 can never be a forceful one as Dennis had time in hand to think about it like the way Paul and Janaine took their time to make an agreement with Chin Swee and there is no way to avoid the second contract based on the two issues. Moreover, the facts about the agreement were made very clear from the initial step. Beads & Baubles made the agreement being very clear and honest and which was firmly accepted by Chin Swee. Now the condition of Chin Swee is not at all good these days. If they had no chance other than going with the agreement, then there wasn’t anything that Bead & Baubles could do. So I don’t think that there are any faults of Beads & Baubles.

Formulations of Oral arguments
First speaker (Plaintiff): I am here to notify that Beads & Baubles has forced Dennis to sign the late agreement on 9th March 2015, and it should be canceled based by misrepresentation and duress.
First speaker (Defendant): I strongly object that it was never done forcefully. After the first conversation between Paul and Dennis, Paul had a small discussion with Janaine about it while she felt that it would be risky for their company(Krogh-Jespersen and Echols 2012). So further they request Dennis to make some slight changes in the agreement which was accepted by Dennis later(Corbett 2006).
Second speaker (Plaintiff): Yes, Dennis accepted it but he accepted it based on Paul’s word that Beads & Baubles will meet the $2 purchase volume. Dennis was misguided.
Second speaker (Defendant): Again I have to object to the fact about meeting the purchase volume was not in the part of the agreement, it was just an assurance. It was stated as an indicative estimate only.
Third speaker (Plaintiff): Then why would a person assume such thing which can’t be maintained? It’s a clear picture of misguidance.
Third Speaker (Defendant): A person can go to any extent to make his/her business profitable. If a small assurance can turn up to be a serious issue, then one should leave the field of business.
Fourth Speaker (Plaintiff): Chin Swee is a very old and established company but in recent times it has faced some difficulties to compete with the new entrants. So in this scenario, a small assurance can be seen as a huge guarantee.
Fourth speaker (Defendant): Business is all about ups and downs. One must keep patience to come back. Bringing action against someone is not the solution.
Conclusion (Plaintiff): After having the whole scenario of this debate I firmly believe that Dennis hasn’t done anything wrong. His action depending on the issue of the second agreement is perfect. The judge must take steps against Bead & Baubles.
Conclusion (Defendant): I firmly believe that the agreement has not been broken by Chin Swee. The main issue is to meet the purchase volume of $2 million, but it was not in the agreement. So Bead & Baubles is no guilty.

References
Corbett, G. (2006). Agreement. Cambridge, UK: Cambridge University Press.
Elliott, C. and Quinn, F. (2007). Contract law. Harlow: Pearson Longman.
Keenan, D. and Smith, K. (2001). Smith & Keenan’s English law. Harlow: Longman.
Krogh-Jespersen, S. and Echols, C. (2012). The Influence of Speaker Reliability on First Versus Second Label Learning. Child Development, p.no-no.

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