Omissions Sample Essay (MAH June 2011).
A misrepresentation is a false statement of fact or law which induces the representee to enter a contract. Where a statement made during the course of negotiations is classed as a representation rather than a term an action for misrepresentation may be available where the statement turns out to be untrue. There are three types of misrepresentation: innocent misrepresentation, negligent.
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In contrast, there is a clear common law mantra that an omission does not amount to a criminal offence (the general rule) unless there is a duty to act (the exception). For example, the case of Stone and Dobson (1977) confirmed that there was a duty of care owed to those in the same household, and especially a duty to act to save relatives.
The law of marital agreements is in a mess and ripe for systematic review and reform is a quote by Lady Hale, dissenting from the majority view in Radmacher v Granatino where the judiciary supported law reform in the area of nuptial agreements. This case should be dealt with in detail. The law relating to assisted suicide is in dire need of reform.
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Causation refers to the enquiry as to whether the defendant's conduct (or omission) caused the harm or damage.Causation must be established in all result crimes. Causation in criminal liability is divided into factual causation and legal causation.Factual causation is the starting point and consists of applying the 'but for' test. In most instances, where there exist no complicating factors.