Consumer and the law Essay Example | Topics and Well Written Essays - 2500 words

Consumer and the law - Essay Examplen, MW billed them for roadside repairs claiming that an insurance bank bill paid for by Seema and Robin contained an exclusion clause exempting liability for such repairsUnder the law of contract misrepresentation refers to communication of false facts which induces the recipient to record into a contract.1 In this regard, misrepresentations can be made either negligently, fraudulently or innocently and the resulting remedies largely depend on the type of misrepresentation made.2 In a typical misrepresentation case, the innocent party can rescind the contract and/or seek damages.3On the facts of the case for discussion it is difficult to mark off whether or not illusions representation that the vehicle was fit for its intended use was an innocent misrepresentation of false facts, negligent or thusly fraudulent. Seema and Robin discovered that the car had some mechanical difficulty after half an hour of driving. The problem was discovered by a garage in Oxford. Assuming that MW has their vehicles examined before offering them for hire, the problem with the steering and the gear should have been discovered by MWs mechanics. In the event the vehicles problems had been discovered, Johns statement constitutes fraudulent misrepresentation. If no such examination was made, Johns statement that the car was fit for its intended purpose was, at the in truth least negligent.In any event, Robin and Seema will be required to prove that they relied on Johns misrepresentation or was at the genuinely least, induced to enter into the contract for hire by Johns misrepresentation.4 If they did not rely on the misrepresentation and had relied on their own information and sagacity then they cannot claim to have relied on the misrepresentation.5 There is no evidence that Robin or Seema exercised independent judgment. It therefore follows that they relied on Johns misrepresentation. In fact, even if John had offered the pair an opportunity to inspect the vehicle and