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 ASSIGNMENT:

Topic: “Kinds of contract”

Learning Objectives:

                         

To understand the kinds of contract according to enforceability

 

To help understand the importance of a valid contract

 

 

Learning Outcomes:

After completion of this case based learning assignment, learner will be able to:

                         

Differentiate between all types of contract

 

Learn how each kind of contract has independent legal consequences with regard to formation, enforceability or performance.

 

The Case:

Spice Girls (a group of 5 girls) were interested to go on a tour to England but they don’t have money for that. For this purpose they decided to enter into a contract with a car manufacturer Mr. Ahmad under which he agreed to sponsor the Spice Girls' tour in return for his promotional work. The contract was duly signed on 6th May 2011. Suddenly Sahar Naseem left the group on the 27th May of that year. Further Ahmad discovered that Sahar already informed the other members of the group of her decision to leave them prior to the signing of contract. Mr. Ahmad claimed in the court that they had been induced to enter the contract by a caricature.

Finally it was apprehended by the Court on the appeal of Mr. Ahmad that the Spice Girls had made a falsification by conduct in that all of the members participated in a commercial photo shoot at considerable cost of Ahmad, even so at a time when they knew that one of their members was to leave.

The Requirements:

  1.  

You are required to discuss the status of contract between both the parties and also its legal implications. Marks 10

 

As a student of business and labour law, discuss the point of alterations between fraud and misrepresentation. Give at least five points. Marks 10

IMPORTANT:

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IMPORTANT INSTRUCTIONS/ SOLUTION GUIDELINES/ SPECIAL INSTRUCTIONS

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You may also compose your assignment in Open Office format.

 

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REFERENCING GuIDELINES:

                         

Use APA style for referencing and citation. For guidance search “APA reference style” in Google and read various website containing information for better

 

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Replies to This Discussion

JAZAKALLAH KHAIR >>>

i agree with manu billi kiu k ma ny b bohat study ki hai mjhe yai lgta hai ye breach contract hai but me also confused after reading page no.59 misrepresenation topic aur ye jo net se case read kiya es may b misrepresentation mention hai contract tou ye voidable hi hai i am sure but what's status boht se jawab hai zehan may

pleas yar koi complete  solution send kr do pleas yar pleas

anybody have done the assignment yet ???? 

i m still confused ...

ye misreprsnt he hai farud ni ye tu main sure ho or vodable contrct hai par ppenalti kyahai??????????????????????????/ is assign ny bht tym liya but still unsole he rahi

ok now by thorough reading ... i m finally at the point :

its a fraudulent misrepresentation and the status is breached ... according to this penalty is just on the real damage or cost which is incurred by mr. ahmed for the spice girls... like the cost of photo shoot ,,,, in a case if the spice are not ready for compensation then they must complete the contract thats the penalty on them .... 

fraudulent misrepresentation means mano

Fraudulent misrepresentation occurs when one makes representation with intent to deceive and with the knowledge that it is false. An action for fraudulent misrepresentation allows for a remedy of damages.

i think it is fraud because it is the duty to speak than silence would lead to fraud. 

so for we can say that it is a fraudulent misrepresentation

Misrepresentation is one of several vitiating factors that can affect the validity of a contract. A misrepresentation occurs when one party makes a false statement, inducing another party to contract. For an action to be successful, some criteria must be met in order to prove a misrepresentation. These include:

  • A false statement of fact has been made,
  • The statement was directed at the suing party and
  • The statement had acted to induce the suing party to contract.

.......

Mr. Ahmad claimed in the court that they had been induced to enter the contract by a caricature. 

...

now see this point its fraud + misrepresentation ... thats y m concluding that its a Fraudulent misrepresentation.....

still confused

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