Misrepresentation and Breach of Contract | BlackBeltBarrister
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- เผยแพร่เมื่อ 2 ต.ค. 2024
- I explain misrepresentation as a basis for breach of contract. What if someone is wrong or dishonest when making statements to make you enter a contract?
You can claim breach of contract for misrepresentation, whether that is innocent misrepresentation, negligent misrepresentation, or fraudulent misrepresentation.
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How about TV ads, most of which are definitely "misleading" if not outright lies?
TV ads are immune [advertising jingles] -- in law, they are called mere puffs.
Went into nationwide 2013 - life insurance crucial illness included TPD. Pre application sent off by nationwide.
No more communication from nationwide
Letter from Legal and general we’ve been accepted for what we’ve applied for
Set up policy
2018 wife becomes ill and have to make a claim. Claim decline as TPD removed at preapplication stage.
Back in 2013 nationwide had received 3 counter offers after preapplication and not told us. (All decided TPD) Nationwide chose one of them without our knowledge and submitted it.
1): being put back in place before? Is that nationwide honouring a policy/damages of what the policy should have paid out £150,000 our mortgage?
2): I’m just owed my money back, plus damages and interest?
I would like to understand what i can do when a drive without insurance occurs while it was kept by an insurance recovery agent I had a vehicle that in 2014 was written off by an insurance group then on the 16 12 2014 it was subject to a drive without insurance i was given points & a fine which i payed it was recently that I found for professional groups had the responsibility to notice the DVLA about the vehicle being written off but did not & the claims advisor said he would be responsible for the V5 to be sent to the DVLA which again was not auctioned i have paid for the issues around this contravention in time fines points harassment stress i have to apparat in county court in a few days i want to know what i can achieve
What about when a Dr miss represents what you said in a consultation and records somthing on your medical records that is not true and which then affect your right to drive?
If you have said something that is recorded wrongly, it's a mistake on his/her part, not a misrepresentation made by the doctor.
You are a legend!! 🙌🙏
Just recently subscribed . If a firmer legal representative makes a supposition to the court that a vulnerable and proven protected party has full capacity with intent to mislead the court would thus fall in the category, negligent misrepresentation, deliberate, or fraudulent misrepresentations of the facts and would this viewed as misuse of Private information in the absence of consent?
18 months and 3 hearings in into a small claim against a kitchen fitter who has made a complete bodge of my new kitchen, breached building and electrical regs, ignored x8 offers of mediation, submitted documents to court signed with a statement of truth that contain inconsistent and conflicting versions of events, breached a court order 4 times and in relation to this thread, misrepresented his services by enlisting family and friends to create 5 star reviews on Google and Facebook and telling me he would do a great job and my kitchen would look fantastic.
His reviews/photos and comments made to me are what persuaded me to hire him over the others I had to quote. Is this fraudulent misrepresention?
how'd you get on?
@@acidrain55 court allowed him to completely get away with it and made me pay him 650.00!!!!!
Jack runs firm. Rihana who runs a
competing firm, contacts Matthew to tell him that she would be interested in buying out his
firm, as his client list includes some quite prestigious clients.
J tells R that the company is making a modest profit of around £2000 per months
and j intends to do a marketing campaign which he hope boost 50% profit (later he fails to Inform R about plan failure).R ask for account book and transfer it to her accountant but she fail to noticed the discrepancy of barely break even. In the following year R purchases the farm
What type of misrepresentation it is?
Wife got insured on my car only for social-got new job 10 months later & used it for only 2 consultancy jobs - we not even thought to tell insurance-car now been stolen- I admitted it to insurance she been driving for work-do you think they still gonna pay out? It was totally honest mistake - I would have changed it at renewal - I really worried...thanks
Jack runs firm. Rihana who runs a
competing firm, contacts Matthew to tell him that she would be interested in buying out his
firm, as his client list includes some quite prestigious clients.
J tells R that the company is making a modest profit of around £2000 per months
and j intends to do a marketing campaign which he hope boost 50% profit (later he fails to Inform R about plan failure).R ask for account book and transfer it to her accountant but she fail to noticed the discrepancy of barely break even. In the following year R purchases the farm then R try to sell the farm but negotiations failed
What type of misrepresentation it is?
the things is... business is so sloppy in some cases... (taking vehicle to garage) but how do you prove it? For example.. they have my vehicle and quote a price... ask if i want to proceed... on that basis I say yes.... then they say a figure x3 higher.. say. So, surely its your word against theirs? Where is the process .... ? We should be protected better... all exchange of vehicle property should be logged with dvla... and all communication should be officially logged and have to pass through a portal... thats my opinion anyway... mechs come round and just lift the vehicle off the drive... no paperwork... no signatures... nothing...
I'm currently doing some research on this issue as I recently went through negotiation meetings regarding me leaving a company due to ill health. I was told the company had claimed under their health insurance scheme for me to receive a set amout each month after I left the company. It wasn't usual company policy but because of my health, they would do it for me. Told me the claim was successful and the specific amount I would receive each month. This was seperate to my signing a settlement agreement so this health payment was not mentioned in the settlement. Turns out they were lying about the scheme as it was not accepted by the insurance company which I only found out after I left. To me, this is misrepresentation for inducement - Before I signed the settlement agreement I seen an independent lawyer as required by law and I stated I didn't want to haggle over the settlement agreement because I was going to get x amount each month from the insurance. Misrepresentation is an exception to the 'without prejudice' conversation rules... I recorded every meeting I had and have the evidence from 'the horses mouth' so to speak.
I have a situation where I sold 180 kilos of gold to a turkey buyer thru a Barrister in London, 100 kilos were given to the buyers at the agreement of the deal and the final 80 kilos were to be delivered after the funds were secure in my account in the USA. After about 5 months of building funds to pay the UK government for the inheritance tax and when the tax was paid and the Emine Bank transfer fees were paid the turk buyers renigged on the deal and removed my funds from the Turkey Emine bank. Then returned the gold kilos to my attorney and fail to close the contract. Is this a classic breach of contract law suit in the UK, I am in the US.
Please help me , I have tried everything and a solicitor through my insurance company but I feel they are not acting in my best interest. Are you able to direct , advise etc etc . This is regarding misrepresentation and blatant verbal lies from one of my landlords , together with the planning which has not been complied with has not been enforced. Please help me as I am being harassed and bullied etc etc.
Thank you Blackbelt Barrister.
Currently into a small claim for breach of contract in relation to a personal loan to a friend who has missed one and reduced their agreed monthly payments causing them to be in arrears on the originally agreed payments. I relied on our agreement for monies to be paid within 11, not eighteen months, which is the position I have been placed in. Awaiting the judge's direction on how this will proceed as I have rejected the defendant's proposal. Great briefing btw.
Hi,i asked account technician to sort out tax return on 2 properties i own and 2 properties i share with my partner, it makes it 3property for me and my partner have 4 properties, present year,early years i had 1 ,gradully i purchased mor,accountant invoiced me all years for properties i did not have.
He would not accept mediation,it went to court.hearing is in march,
Would the invoice be void.
Isn't there something about claims for fraudulent misrep having to be heard in the fast track? I remember something from my degree. A friend was caught out on that one when he brought a claim against someone who had misrepresented the condition of an Austin Allegro and it got moved to a full trial. He did win though. Cost the seller a lot in costs.
What happens if a trader tells you about the product then states ‘what I’m about to say supersedes anything said prior’? Does that get them off the hook for misrepresentation?
How can I ask a question or give you a hypothetical set of circumstances on which you can comment...?
Is it reasonable to request an extension to the statute of limitations due to the pandemic?
???? is this the same with a settlement agreement in employment
Considering Mr Justice Fancourt's recent judgement of concerning Price Harry and NGN. Why has his wife's electronic devices been included to search for knowledge relevance? Especially considering they both met with Sherborne at Elton Johns villa in South of France prior to this claim being sought ..
Hi have you got a video on a initial writ form & the procedure. Thanks
What is called in law, when a party withhold information in a contract (no misleading or lying)?
Btw, interesting video!!!
Do those rules apply to all EU countries?
Some contracts have a minimum amount of information required, for example, consumer contracts - e.g. Consumer Contracts Regulations 2013
@@BlackBeltBarrister can you suggest how to take a private consultant to court. (Have no luck with no win no fee) he used an off label product which has caused physical and mental harm to the patient. I have got confirmation from the manufacturer that in no way should this drug have been injected into the eye ball because it passes the filteration of oral meds and the drug has gone straight into every cell in his body. His GP had to write to the manufacturers to get the side effects to help her patient as he had a heart attack. Vicarious liability from the company that hired him. Ihave been a mcKensie friend for parents in the family courts and want to take this to court as its bad practice. He tried to cover up that he had done this and no patient information leaflet. He was even consulted by other consultants and still did not mention this injection and in fact in the paper work he hand wrote the label and mixed the numbers around to make it harder to identify the drug used. This is surely medical battery. Could you give me any advice as I want to get going on this. Thank you.
If that party has a duty to disclose and they didn't, then silence can amount to misrepresentation. But if there is no duty to speak [see insurance law - which puts a duty to speak/disclose on insuree], then silence doesn't amount to misrepresentation.
Misrepresentation i have a member of a housing association who has falsely represented himself to a third party and told her he was my support worker anyone got advice please
The video is about misrepresentation in a contract. Did you form a contract of some sort while relying on the false representations?
How do I get your services
What a bout when a car dealer sale a car as a 2l 4wd and when you take it to mot 1 year later you find out it is a 1.5l 2wd what will that come under it is a main dealer in uk
Im a tenant of bromford housing association and a member of that company breached my data in 2019 he then called my mental health team and induced a third party into believing he was my support worker he is not hes a housing coach thats all surely this is unlawful act