Negligent Misrepresentation vs. Fraud: Understanding the Key Differences
Negligent Misrepresentation vs. Fraud: Understanding the Key Differences When you enter into a contract with another party, you should be able to rely on the representations that have been made to you before you enter into the agreement. If these statements have induced you to agree to the deal and they turn out to be false, you could be entitled to ask the court to remedy the situation on the basis of misrepresentation. We take a look at the
Fraudulent misrepresentation: How to prove it and how to deal with it
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 or entering into a business deal based on information that turns out not to be true and where an element of fraud was involved. What
Do we still need lawyers now that there’s ChatGPT?
Do we still need lawyers now that there’s ChatGPT? AI, and more specifically ChatGPT, has exploded onto the scene, shocking individuals across a wide range of industries into asking, ‘Will it replace me?’. We take a look at whether it’s time to get rid of lawyers. The ChatGPT explosion, what it does, and where it gets its information ChatGPT reportedly had 100 million active users in January 2023, just two months after its launch. A partially free OpenAI chatbot,
Benefits of bringing a private prosecution if you are a victim of fraud or financial crime
Benefits of bringing a private prosecution if you are a victim of fraud or financial crime Individuals and businesses that have fallen victim to fraud often use the civil courts to claim damages against the fraudster. However, victims can also report the matter to the police. The difficulty is that public prosecutions can be slow-moving if they are brought at all and the fraudster may simply have moved the money out of reach by the time a case reaches
Directors’ personal liability for misrepresentation
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. This could result in personal liability for the director who has made an implied representation about his company’s ability to pay. Case law The case
Misrepresentation in contract law: A brief on negligent, innocent and fraudulent statements
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 the contract on the strength of a misrepresentation suffers loss, then they may be able to bring a legal claim for recission of the contract
As a minority shareholder, how can I enforce my rights?
As a minority shareholder, how can I enforce my rights? The relationship between majority and minority shareholders is not always an easy one. Majority shareholders often want to run the business in the way that they see fit and without interference, while minority shareholders may feel that major decisions are being made without any accountability and that the company is being run to benefit only the majority. Minority shareholders may also have criticisms over the competence of those in
Flexible working and Covid-19: What are the rules on returning to the office?
Flexible working and Covid-19: What are the rules on returning to the office? When Covid-19 restrictions were lifted on 19 July 2021, it was open to workers in England to return to the office or other workplace. A gradual return was recommended by the government, with employers required to follow official safety guidelines for keeping employees safe. Employers can decide whether they want workers to return, with the prime minister saying it is up to businesses and their staff