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I need some assistance with these assignment. terms and conditions and unfair contract terms Thank you in advance for the help!
I need some assistance with these assignment. terms and conditions and unfair contract terms Thank you in advance for the help! Customers that the processor used in the XL8000 model is the fastest available and that the particular model is the best performing PC available for its price and configuration. Ace Computers can be held liable for the authorized acts of an employee under the vicarious liability clause. The House of Lords in the judgment of a case in 2001 has now ruled that “the correct test is to concentrate on the connection between the nature of the employment and the particular wrong and to ask whether looking at the matter in the round it is just and reasonable to hold the employers vicariously liable.” (Commentary: Vicarious Liability: Basic Position. 2006). It is assumed that Mr. Gerard had acted in such a manner with the authority of Ace Computers. There are three legal issues involved here, in this case, the first two that can be potentially damaging to Ace Computers, and the last one which may offer an escape route for the company. The two damaging issues are a misrepresentation of facts and defective goods, the escape route being the exclusion clause. Each of these issues will be dealt with in the later sections of this report.
Misrepresentation: The misrepresentation (about processor speed and performance of the computer) was what made the firm purchase the computers from this vendor in the first place. The two factors namely wrong statement, material element, and the inducement to buy because of the two are clearly present in this case and hence can be construed as a genuine misrepresentation. (Misrepresentation. 2006). According to the book titled ‘Business Law’, “Misrepresentation can be divided into three types, each of which involves distinct procedures and provides different remedies.” (Kelly, David, Holmes and Hayward 2005, p. 158). They are a fraudulent, negligent, and innocent misrepresentation. Fraudulence occurs when the statement is made by a person who knows that it is false or does it recklessly without verifying its truthfulness. In normal .circumstances, it would be difficult to prove in court whether a misrepresentation was made with the intention to deceive.