An Essay on Misrepresentation - Free Essay Example

Sample details Pages: 4 Words: 1290 Downloads: 1 Date added: 2017/06/26 Category Law Essay Type Narrative essay Tags: Tort Essay Did you like this example? Mispresentation Misrepresentation is a civil wrong under the branch of law of torts. This explains that a misrepresentation is a consequence on civil liability if it results in a monetary loss. For instance, letà ¢Ã¢â€š ¬Ã¢â€ž ¢s say that a real estate speculator possesses swampland but promotes it as appreciated commercially zoned land; this act will be known as misrepresentation. If an individual purchases the land trusting on the speculators declaration that it is commercially appreciated, the purchaser can sue the speculator for financial losses which is consequence from the buying of that particular land. In order to form liability for that individual who made that kind of declaration, a misrepresentation need to be dependent on by the listener or reader. At the same time, the speaker must know that the listener is trusting on the actual correctness of the proclamation. Finally, the listeners dependence on the declaration must have been sensible and vindi cated, and the misrepresentation must have caused in a monetary loss to the hearer. There is no necessary for misrepresentation to be deliberately untrue to form liability. A declaration made with sentient ignorance or an irresponsible disdain for the truth can constitute liability. The investigation or the identification for negligent misrepresentation has been designated as a six-element test: A plaintiff requesting negligent misrepresentation must attest by clear, convincing, and conclusive proof that the defendant had offered facts for the assistance of others in their business dealings that was not true at all, the defendant knew or should have identified that the facts was offered to guide the plaintiff in his business dealings, the defendant was negligent in gaining or communicating the untrue facts, the plaintiff relied on the dishonest facts, the plaintiffs belief was sensible, and the fabricated information proximately caused the plaintiff some damages. A significant limitation on the accessibility of negligent misrepresentation is none other than the economic loss rule. Under this rule, a claim for what amounts to a breach of an agreement cannot be petitioned under the facade of the tort of negligent misrepresentation. Since liability for negligent misrepresentation is in accordance on untruthful information or facts, unless there is flawless, convincing and substantial proof that the information offered by the defendant is not true, an entitlement for negligent misrepresentation cannot be preserved. If the defendant recognized an outlook will be relied on, it is no defence that the dishonest facts are an accurate and precise representation of the defendants view at the time. Legal responsibility for negligent misrepresentation is thus restricted to circumstances where the defendant has information of the specific injured partys dependence; or the plaintiff is an adherent of a group that the defendant seeks to influence; or the defendant ha s distinct purpose to know that some associate of a restricted group will rely on the facts. It is not obligatory that the maker should have any specific individual in mind as the intended, or even the credible, receiver of the data. In a nutshell, it is not compulsory that the person who is to become the plaintiff be recognized or known to the defendant as a person when the data is given. It is adequate that the maker of the representation aims it to reach and influence a particular individuals or a group, diverse from the much greater class who might rationally be expected sooner or later to have admission to the data and foreseeably to seek some action in dependence upon it. It is sufficient, likewise, that the maker of the representation discerns that his recipient aims to convey the data to a similar individual, person, or a group. It is adequate, in simple words, in so far as the plaintiffs personality is regarded, that the maker that offers that particular data for reiteratio n to a certain cluster or class of people and that the plaintiff verifies to be one of them, even though the maker never knew the identity of the plaintiff by name when the data was given. Reasonable or justifiable reliance is properly defined as any reliance reasonable under the surrounding circumstances. Whether the plaintiff reasonably relied upon the defendants representations is ordinarily a question of fact for the trier of fact. A party may have a duty to disclose such that it may be held liable for negligent misrepresentation if such party fails to make a full disclosure. Ordinarily, the duty to disclose exists only when there is a fiduciary relationship, and not when the parties are dealing at arms length. A duty to disclose may even arise outside of a fiduciary relationship where the facts are peculiarly within the knowledge of one person and could not be readily obtained by the other, or where, by the lack of business experience of one of the parties, the other takes a dvantage of the situation by remaining silent. In the case of Derry v Peek (1889) the facts indicated that the defendant railway company specified in a company prospectus that its carriages would soon be relocated by a steam power and not animal power as was then the case. The plaintiff bought shares in the railway company in accordance on the date provided in the catalogue. The railway company then unsuccessful to attain the essential government sanction for steam power and the company was closed down. The plaintiff then sought for an action in deceit against the railway company for deceitful misrepresentation. The House of Lords gave the verdict that in order to form a cause of action resulting in damages for misrepresentation, the statement must be deceitful, or must be equal to being fraudulent, which will be the case if the declaration is made irresponsibly, not taking into account whether it be true or false. A declaration made by an individual fairly believing it to be accurate will not expose the maker to an action in deceit. The House of Lords permitted the appeal and mentioned that the defendants are not accountable because they had decently believed the declaration to be true when they positioned it in their brochure. From this case onwards, the doctrine of negligent misrepresentation was established. In the case of Hedley Byrne v. Heller, Hedley who are the appellants were advertising agents who had offered a considerable quantity of advertising on credit for Easipower. If Easipower did not pay for the marketing then Hedley would be accountable for such quantities. Hedley became anxious that Easipower would not be in a financial situation to pay the debt and sought guarantees from Easipowerà ¢Ã¢â€š ¬Ã¢â€ž ¢s bank that Easipower was in a situation to pay for the extra marketing which Hedley may give them on credit. The respondents, who were Easipowerà ¢Ã¢â€š ¬Ã¢â€ž ¢s bankers, provided a positive report of Easipowers financial situatio n, but postulated that the statement was given without responsibility. On the credibility of the statement provided by the respondents, Hedley placed extra orders on behalf of Easipower which ultimately resulted in a loss of  £17,000. Hedley then sought for an action against the respondents for damages under the tort of negligence: From here, it was held that a negligent, although truthful, misrepresentation, may give rise to an action for damages for financial loss even if there was no agreement among the advice-giver and the advisee and no fiduciary connection. The law will infer a duty of care once the advisee seeks data from an advisor who has distinct ability and where the advisee beliefs the advisor to practice due care, and that the advisor identified or ought to have known that dependence was being positioned upon his ability and decision. However, in this case there was an express repudiation of accountability and there was therefore be no legal burden. This case rec ognized the principle of negligent misrepresentation, but however in this case the repudiation efficiently barred the entitlement. Don’t waste time! Our writers will create an original "An Essay on Misrepresentation" essay for you Create order

Benefits Of Being A Mere Child - 2434 Words

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Alice Walkers Color Purple Struggle to Express Essay Example For Students

Alice Walkers Color Purple Struggle to Express Essay Themselves Color Purple EssaysThe Struggle to Express Themselves in The Color Purple There is one primordial reason why we do not doubt Europeans have taken the lead in history, in all epochs before and after 1492, and it has little to do with evidence. It is a basic belief which we inherit from prior ages of thought and scarcely realize that we hold: it is an implicit belief, not an explicit one, and it is so large a theory that it is woven into all of our ideas about history, both within Europe and without. . . (Blaut pg. 6-7). African-American people have had to climb over many obstacles to get to their position today. First, was the selling of their people into slavery. Then, they endured slavery itself, being treated like an animal. After slavery was abolished, Colored people still had to deal with racial discrimination and hatred. If this sounds rough, black women had it worse. African-American women had to deal with all the previously mentioned things, but they were women too! Females were oppressed almost as bad as the blacks. White women were not able to vote until the 1920. Therefore colored women had a double edged sword, they had to fight for freedom, but not be to dominate as to effect the men. Alice Walkers The Color Purple is a good example of colored womens plight. Three obstacles black women had to overcome to be able to express themselves were Racism, the lack of education, and the stereo-type that women are inferior. African-Americans have always experienced racism throughout their habitation in America. Slavery, is what caused most of the hatred towards blacks. African Americans were sold by their people and sent off to a foreign land. Colored people were used as work horses when they entered America. It was acceptable for a white person to be lazy (in the South), and therefore, a white person takes advantage of this (Theriault). White people wanted to keep their laziness. If the slaves were set free, then the whites would have to do more work. The slaves still fought for what they wanted, and finally won their independence. Another dilemma was if the south could abolish slavery, what would happen to the slaves? These slaves have been slaves for all their lives and would require education. These slaves would also require homes, some type of compensation, and more (Theriault). Blacks were put in prison for rebelling against the white establishment. Most times these crimes were minuscule in comparison to the crimes committed against blacks or by whites. A colored person could be put in jail for looking at someone inappropriately, but if a black man was lynched, nothing happened. I have been locked by the lawless. Handcuffed by the haters. Gagged by the greedy. And, if I know any thing at all, its that a wall is just a wall and nothing more at all. It can be broken down (Shakuer). This excerpt from Affirmation is an example of the feelings of hatred for the Whites. However, this quotation also shows the fight in the African-American race let alone its women. If the South could have kept education away from the blacks. Then ides as the one above would have never been published. Lack of education was a way the South tried to keep the blacks in a lower class. In The Color Purple, Celie is not allowed to go to school because she is to be kept barefoot and pregnant. She still received an education by learning what her little sister was teaching her, though. It was believed that if the blacks were kept uneducated then they would not know any better and would not fight for freedom. Unfortunately, for the South, the North was educating their blacks. .ud3aa346fc8be63d2784cfb66ac1f7d19 , .ud3aa346fc8be63d2784cfb66ac1f7d19 .postImageUrl , .ud3aa346fc8be63d2784cfb66ac1f7d19 .centered-text-area { min-height: 80px; position: relative; } .ud3aa346fc8be63d2784cfb66ac1f7d19 , .ud3aa346fc8be63d2784cfb66ac1f7d19:hover , .ud3aa346fc8be63d2784cfb66ac1f7d19:visited , .ud3aa346fc8be63d2784cfb66ac1f7d19:active { border:0!important; } .ud3aa346fc8be63d2784cfb66ac1f7d19 .clearfix:after { content: ""; display: table; clear: both; } .ud3aa346fc8be63d2784cfb66ac1f7d19 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .ud3aa346fc8be63d2784cfb66ac1f7d19:active , .ud3aa346fc8be63d2784cfb66ac1f7d19:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .ud3aa346fc8be63d2784cfb66ac1f7d19 .centered-text-area { width: 100%; position: relative ; } .ud3aa346fc8be63d2784cfb66ac1f7d19 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .ud3aa346fc8be63d2784cfb66ac1f7d19 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .ud3aa346fc8be63d2784cfb66ac1f7d19 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .ud3aa346fc8be63d2784cfb66ac1f7d19:hover .ctaButton { background-color: #34495E!important; } .ud3aa346fc8be63d2784cfb66ac1f7d19 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .ud3aa346fc8be63d2784cfb66ac1f7d19 .ud3aa346fc8be63d2784cfb66ac1f7d19-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .ud3aa346fc8be63d2784cfb66ac1f7d19:after { content: ""; display: block; clear: both; } READ: Natarajan 1 Essay Then these blacks were coming south and starting colleges for colored people. Booker T. Washington wrote, in his autobiography, ONE day, while at work in the coal-mine, I happened to overhear two miners talking about a great school for coloured people somewhere in Virginia. This was the first time that I had ever heard anything about any kind of school or college that was more pretentious than the little coloured school in our town. In the darkness of the mine I noiselessly crept as close as I could to the two men who were talking. I heard one tell the other that not only was the school established for the members of any race, but the opportunities that it provided by which poor but worthy students could work out all or a part of the cost of a board, and at the same time be taught some trade or industry. Thus the education had begun. Most coloreds were not able to read or write because they were never exposed to an education. Black women again had it worse because they were women. Women were believed to be weak and incompetent in comparison with men. This has since been disproved, but it was the practice in those days. In The Color Purple, Harpo, Mr. marries an independent Black woman. Sophia is bigger than Harpo and does not really do what he says. When Harpo beats Sophia to make her mind, she beats him. The idea that a man has to beat a woman follows right along with the stereo-type that women are inferior. The hackneyed image that women were inferior was basically just a myth. The black women in the book The Color Purple did all the work. Celie would get up to cook, clean, go out and work in the fields all day, then come back and cook and clean some more. Sophia would work in the fields, repair the roof, and take care of the children. The men, Mr. and Harpo, would sit and not do much. Then if the women ever said anything they would beat them. It was not until Shug Avery came along did Celie realize not to take men seriously. Ms. Avery and Celie did become lesbians, but Shug taught Celie that a person has to stand up for themselves, if they want respect. As Celie and Shug fell in love, Celie grew as a person. She started to stand up to Mr. Celie also started to wear pants. In doing so, she was showing her independence. In those days, men were only supposed to be clothed in pants. Celie was showing, in a small way, that a woman can do anything a man can. Through help from Shug, Celie started a successful business making pants for all the relatives. This is another way Shug helped Celie gain her independence. Women were supposed to rely on men for everything (i.e. food, clothing, shelter, etc.). With Celie making her own money she did not need a man. Celie and her sister Nettie also owned a house, which was left to them by their step-father. Celie is further independent from men. Celie found a way out by acquiring a plan. This plan was patterned after an already independent woman, Shug. Shug got out by singing, Nettie by being a missionary, and Celie by making pants. Any minority that is being oppressed can learn from The Color Purple. A minority can pattern his/her assent to greatness after someone who came from similar backgrounds. All minorities can take this advice to heart. Stand up for what is believed. Make a difference. African-American women have overcome quite a bit in order to get to be where they are today. Colored women have(and are still) over coming racism, lack of education, and the myth that women are inferior. Black women have taken care of their children, men, land and themselves for years. .ub964c849d798a8b9f9ea18eca7359443 , .ub964c849d798a8b9f9ea18eca7359443 .postImageUrl , .ub964c849d798a8b9f9ea18eca7359443 .centered-text-area { min-height: 80px; position: relative; } .ub964c849d798a8b9f9ea18eca7359443 , .ub964c849d798a8b9f9ea18eca7359443:hover , .ub964c849d798a8b9f9ea18eca7359443:visited , .ub964c849d798a8b9f9ea18eca7359443:active { border:0!important; } .ub964c849d798a8b9f9ea18eca7359443 .clearfix:after { content: ""; display: table; clear: both; } .ub964c849d798a8b9f9ea18eca7359443 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .ub964c849d798a8b9f9ea18eca7359443:active , .ub964c849d798a8b9f9ea18eca7359443:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .ub964c849d798a8b9f9ea18eca7359443 .centered-text-area { width: 100%; position: relative ; } .ub964c849d798a8b9f9ea18eca7359443 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .ub964c849d798a8b9f9ea18eca7359443 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .ub964c849d798a8b9f9ea18eca7359443 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .ub964c849d798a8b9f9ea18eca7359443:hover .ctaButton { background-color: #34495E!important; } .ub964c849d798a8b9f9ea18eca7359443 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .ub964c849d798a8b9f9ea18eca7359443 .ub964c849d798a8b9f9ea18eca7359443-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .ub964c849d798a8b9f9ea18eca7359443:after { content: ""; display: block; clear: both; } READ: The Catcher in the Rye - Narration Essay The book The Color Purple shows the previous point very well. This book teaches that if there is a struggle, someone will overcome it. The book also teaches minorities a way to get out of their present situation. First, the desire has to be there, then all the minority has to do is pattern themselves after someone else who has made it out of the ghetto. Even though the setting of this book is in the great depression , the lessons it teaches are relevant to todays society. It is finally time for black women to be given the respect they deserve.