Law 5110 Lecture Notes - Lecture 2: Misrepresentation, Misrepresentation Act 1967, All England Law Reports
Document Summary
Offer clear display of contractual intent, on fixed terms, that once accepted binds the parties. Invitation to treat inviting offers, declaration the party is open to the negotiation process. This is a conclusion based upon a set of facts, combined with laws, logic or reasoning. A shop is a place for bargaining, a shopkeeper has the right to pick and choose his customers, the customer has the right to change their mind. Some advertisements can be placed as an constructed contractual offer. Refer to carlill (placing money in the bank etc binding contractual advertisement) Contracts uberrimae fidei (of utmost good faith) e. g. insurance contracts. When seeking insurance insured must disclose all material facts or insurer may avoid contract and not pay. Must have been material; must have influenced representee"s judgment. Prospectus contained false statement that j. j. grieves m. p. was director of the company.
