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Dick Bentley Productions Ltd v Harold Smith (Motors) Ltd [1965] EWCA Civ 2 is an English contract law case, concerning the difference between a representation and a contract term. It shows that a bona fide consumer is entitled to rely on the word of a dealer (who is naturally presumed to be an expert).
Texas law states "Except as provided by this section, a manufacturer or distributor may not directly or indirectly:(1) own an interest in a franchised or nonfranchised dealer or dealership;(2) operate or control a franchised or nonfranchised dealer or dealership; or(3) act in the capacity of a franchised or nonfranchised dealer.
A "representation" is a pre-contractual statement made during negotiations. [4] If a representation has been incorporated into the contract as a term, [5] then the normal remedies for breach of contract apply. Factors that determine whether or not a representation has become a term include: The relative expertise of the parties. [6] [7]
A disabled man living on a low, fixed income with no bank account walked into a Tri-Cities car dealership in June 2021. He drove off in a used Toyota RAV4 after signing a sales agreement packed ...
Under common law, false pretense is defined as a representation of a present or past fact, which the thief knows to be false, and which he intends will and does cause the victim to pass title of his property. That is, false pretense is the acquisition of title from a victim by fraud or misrepresentation of a material past or present fact.
Do you remember this from your driver’s ed course?
In American law, the Restatement (Second) of Contracts Sec. 154 deals with this scenario. This is easily confused with mutual assent cases such as Raffles v Wichelhaus. [9] In Raffles, there was an agreement to ship goods on a vessel named Peerless, but each party was referring to a different vessel. Therefore, each party had a different ...
A Kansas law that makes it a felony to impersonate an elections official is vague enough that voting rights advocates can pursue a legal challenge, the state's highest court ruled Friday, reviving ...