Fraudulent misrepresentation: How to prove it and how to deal with it Fraudulent misrepresentation is the most grave type of misrepresentation and is taken very seriously by the courts. It arises when someone relies on false information presented to them and as a result enters into a contract. An example would be buying something
Directors’ personal liability for misrepresentation The current difficult economy is causing continual financial problems for many businesses. Directors are warned that entering into written agreements to make payments when they know their company is unable to meet its debts may equate to deceit under the terms of the Statute of Frauds (Amendment) Act 1828.
Misrepresentation in contract law: A brief on negligent, innocent and fraudulent statements Contracts govern most of the transactions that a business carries out. When the representations that have induced someone to enter into a contract turn out not to be true or are misleading, this is misrepresentation. If the person who has entered into
Remedies for breach of contract: Can you claim compensation? When a commercial contract is breached, it can cause profound difficulties for a business. Knowing what remedies are available means you can protect your legal position and seek to enforce your rights or obtain compensation when this is not possible. When a contract is breached
UK Government publishes new guidance for contractual behaviour during the Covid-19 pandemic In May 2020, the Government issued guidance on responsible contractual behaviour in dealing with the performance and enforcement of contracts impacted by the Covid-19 emergency. The document is not legally binding, however, parties are strongly encouraged to follow its guidance for not
The contractual implications of Coronavirus: Can it be a force majeure event? As governments scramble to contain the coronavirus and the World Health Organisation labels as a global pandemic, businesses are facing the fact that contracts they have entered into in good faith may not now be performed. With some areas in quarantine, travel
Breach of contract explained and the 5 questions you need to ask Contracts form the basis of legal agreements in all areas of life. They do not have to be in writing, although most are, particularly when dealing with business matters. Every valid contract must have four key elements: offer, acceptance, consideration (ie. something
The 7 facts you need to know about setting aside a default judgment When a default judgment is given against a business or individual, they have the right to ask that it be set aside. We look at what a default judgment is and how to make a successful application to have it removed.