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| Topic: |
Business
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| Number of pages / Number of words: |
5 / 1262 |
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The intentional deceit of one party by another constitutes the meaning of fraudulent misrepresentation, which is a ‘tortious action’ (Gibson & Fraser, 2007 p. 326). The law of torts attempts to restore the innocent party to the positions they were in before the tort was committed.
John would be able to prove through the written document that the conman deliberately misrepresented the truth as to his identity meaning that John would be entitled to recover his goods from Stephen, the third party...
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Difficulties can arise with consideration however, when contract modification is attempted as is the case in Stilk V. Myrick [1809] 2 CAMP 317. This particular contract, like the one between Dave and Roger does not fulfill what was first presumed. Part payments of debts are almost always unsupported and a ‘payment of a lesser sum will not usually discharge a debt’ (Gibson & Fraser, 2007 p...
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