9. Misrepresentation

Poole’s Casebook on Contract Law provides a comprehensive selection of case law that addresses all aspects of the subject encountered on undergraduate courses. A contract may include a statement that is a mere puff, a representation, or a contractual term. In the case of a representation, the maker asserts the truth of certain facts and thus induces the contract. In case of an actionable misrepresentation (an unambiguous false statement of fact which induces the other party to enter into the contract), the contract may be rendered voidable; that is, liable to be set aside or rescinded. In some instances, the injured party may claim for damages designed to restore him to his original position. This chapter examines the identification of actionable misrepresentation, duties of disclosure, types of misrepresentations, rescission as a remedy, damages for misrepresentation, including the damages available in s. 2 of the Misrepresentation Act 1967, and the effect of contributory negligence in any damages award. Finally, the chapter examines exclusion of liability for non-fraudulent misrepresentation and the effect of ‘non-reliance’ clauses in contracts. In the consumer context, it also notes the criminal offences in certain instances of misrepresentation under the Consumer Protection from Unfair Trading Regulations 2008 (CPRs) and the extension to include civil remedies for misleading actions.

Unfair Terms in Loan Agreements Connected with Foreign Currency. Comment to the Judgement in Case C-186/16 Ruxandra Paula Andriciuc e.a. contre Banca Românească SA

In the judgment under appeal, the referring court asked the Court in the context of proceedings between a banking institution and several individual borrowers, the interpretation to be given to Article 3(1) and Article 4(2) of Directive 93/13/EEC Council Directive of 5.4.1993 on unfair terms in consumer contracts (OJ L 95, 21.4.1993, p. 29–34). The Court indicated that a term such as that at issue in the main proceedings, incorporated into a loan agreement concluded in a foreign currency between a seller or supplier and a consumer without being individually negotiated, on terms by which the loan must be repaid in the same currency, is covered by the notion of ‘main subject matter of the contract’ within the meaning of Article 4(2) of Directive 93/13. Furthermore, it is for the national court, upon considering all the circumstances surrounding the conclusion of the contract, to ascertain whether, in the case concerned, all the information likely to have a bearing on the extent of this commitment had been communicated to the consumer, enabling him/her to estimate in particular the total cost of his/her loan. The Court accepted in a judgment that Article 3(1) of Directive 93/13 must be interpreted as meaning that the assessment of the unfairness of a contractual term must be made by reference to the time of conclusion of the contract at issue, taking account all of the circumstances which could have been known to the seller or supplier at that time, and which were such as to affect the future performance of that contract.

Part I Introduction, 2 The Genesis of Termination

This chapter explains how English law got to the point it is at now where it treats breach of condition and fundamental breach as the grounds on which a contract may be terminated. It differentiates between conditions and warranties. Breach of condition is where a contractual term of sufficient importance to justify the non-breaching party terminating the contract is breached. Breach of warranty is where the non-breaching party is only permitted an action for damages. The chapter then assesses the concepts of frustration and frustrating breach, and traces the history of the development of the law on frustration. A contract is frustrated when some unforeseeable supervening event occurs that without the fault of either party essentially destroys the bargain they have made. Where a contract is frustrated, both parties are released from their obligations of future performance.

Faktor Penentu Kepuasan Kerja Karyawan Outsourcing di Perbankan

ABSTRACTThis study aimed to analyze the analysis of the determinants of job satisfaction employee outsourcing at BRI Limited Liability Company Branch Bangkoand influence on the performance.This research usesjob satisfaction variablesand performanceto analyzefactors determinant of job satisfaction employee outsourcingat BRI Limited Liability Company Branch Bangko. Besides that, to analyze influence on the performance.The population in this study is all employee outsourcing at BRI Limited Liability Company BranchBangkofrom all divisions of the company.Both of which have a contractual term of less than one year or more than one year. This population is totaling 63 employees include the following frontliner (Custumer service dan teller),PAU, IT, TKK, Secretary, payment point, driver, servant, and security. In this research uses survey methods namely with giving questionnaire to all of population is totaling 63 employees consists of employee outsourcing in all parts of the company. Data collectedusing questionnaire methodnamely with giving questionslist or questionnaire directly to respondents. Technical analysis of the data in this research uses factor analysis by program SPSS.The resulted of research showed that factor analysis found as main factor which influence satisfaction employee outsourcing at BRI limited liability company is work environment. The resulted of second hypothesis testing found that job satification unsignificant to satisfaction employee outsourcing at BRI limited liability company.

10. Leases

This chapter discusses the nature, creation, and forms of leases. The leasehold estate is one of the two possible estates in land. The lease is, essentially, consensual exclusive possession of land for a limited duration. The purposes to which leases are put range from very short-term occupation agreements to leases lasting hundreds of years. In order to create a valid lease, the formalities which are required will depend upon the length of the lease which the parties are attempting to create and the type of lease to which they wish to give rise, as well as the nature of the rights which they currently have. There are different forms of leases: periodic tenancies; tenancies at will; and the Bruton tenancy. The chapter then assesses how the relationship between landlord and tenant is managed both during and after the contractual term of the lease. It also looks at one of the most flexible and useful aspect of leases, the ability to sublet, to create concurrent leases, and the nature of the reversionary interest during the currency of the lease.

Express Warranties And Misrepresentations

Before or at the time of entering a contract a buyer’s attention will frequently be drawn to statements which relate to the quality and potential of the goods. Such statements may take any one of a number of forms and the way they are classified will have an important effect on the remedies available should they ultimately be found to be false or unsubstantiated. Thus a statement may be no more than a mere ‘puff ’ or a matter of opinion and, as such, it will usually give rise to no liability whatsoever. Alternatively it may constitute a misrepresentation of fact inducing the representee to enter into the contract. The traditional remedy would then be rescission of the contract and an indemnity in equity, damages in the tort of deceit if the statement was made fraudulently, and, later, damages under the Hedley Byrne doctrine if it was made negligently. Within English law the Misrepresentation Act 1967 is now of considerable importance in such cases. Such a statement may also give rise to an estoppel, thus precluding its maker from asserting its falsity as against a person who was intended to rely on it and did rely on it to his detriment. Finally, the statement may be classified as a contractual term. Where this is so the maker will be taken to have warranted or guaranteed the truth of the statement and a remedy will be available without the need to prove deceit or negligence. The precise nature of this remedy (whether repudiation or damages) will depend on the status or importance of the term to the contract. This classification and its legal consequences will now be examined in more detail insofar as it affects the relationship of seller and purchaser. Thereafter it is proposed to discuss the possible application of some of the principles to manufacturers. In this latter context particular reference will be made to the express warranty theory of American law and to the collateral contract doctrine of English and Commonwealth law.

Limits on Contractual Freedom

This article is concerned with an important feature of English law that distinguishes it sharply from civilian systems of law and, to a lesser extent, from other common law systems—namely, its eschewal of an imposed duty of good faith and fair dealing. It will be shown that English law is receptive to such a standard in particular cases but that much of the ground that may be thought to be covered by good faith and fair dealing is covered instead by controls on the exercise of contractual discretion by reference to an implied contractual term that the discretion not be exercised in a way that is capricious, arbitrary, or irrational. This body of law has grown up in the last 30 years or so and has been influenced to a degree by public law considerations.

14. Misrepresentation

The Casebook series provides a comprehensive selection of case law that addresses all aspects of the subject encountered on undergraduate courses. A contract may include a statement that is a mere puff, a representation, or a contractual term. In the case of a representation, the maker asserts the truth of certain facts and thus induces the contract. In case of an actionable misrepresentation (an unambiguous false statement of fact which induces the other party to enter into the contract), the contract may be rendered voidable, that is, liable to be set aside or rescinded. In some instances, the injured party may claim for damages designed to restore him to his original position. This chapter examines the identification of actionable misrepresentation, duties of disclosure, types of misrepresentations, rescission as a remedy, damages for misrepresentation, including the damages available in section 2 of the Misrepresentation Act 1967, and the effect of contributory negligence in any damages award. Finally, the chapter examines exclusion of liability for non-fraudulent misrepresentation and the effect of ‘non-reliance’ clauses in contracts. In the consumer context, it also notes the criminal offences in certain instances of misrepresentation under the Consumer Protection from Unfair Trading Regulations 2008 (CPRs) and the extension to include civil remedies for misleading actions.

Accounting and Fiscal Considerations upon Performance Guarantees - Particular Case of Construction Works

The performance guarantee represents the contractor's liability to ensure the beneficiary on the fulfillment of the quality conditions for the contracted works, as well as of their execution within the agreed contractual term. In the context of a growth trend in the industrial construction market since 2018, we considered it appropriate to study the impact of the performance guarantees on the financial balance of the contractors operating on this market. Through this research we aim to analyze the methods of guaranteeing the construction works, to assess the financial, accounting and fiscal issues of a construction company as a general contractor, to identify potential risks and to find solutions to avoid them.