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Legal Law Case Study: Bisset V. Wilkinson

917 Words4 Pages

1.
A Contract under legal terms needs to have four elements, Legal Capacity, Agreement, Consideration and Intention to enter into legal relations are essential to exist.
As Alan is an avid drinker and went to the liquor store in upscale downtown it will be taken as Alan is of legal age and has the legal capacity to form a contract.
Agreement was present when Alan told Ben about his preference towards only drinking Russian vodka and he would not accept and vodka manufactured in other countries hence Ben recommend handing him the drink which was backed by Ben’s expertise in alcohol.
Alan fulfilled consideration as he took Ben’s recommendation and requested for 3 bottles of the same and intention to enter legal relations were form as Alan paid …show more content…

This was a misrepresentation and a bridge of trust between the company, Fitzmaurice and edgington.

Bisset v Wilkinson [1927]
As Bisset, the plaintiff buys two blocks of land with the intention to do sheep farming from Wilkinson, the defendant. When two parties were negotiating the Bisset says that if the two blocks land was working properly, it should be able to carry 2000 sheep. Listening to the representation the plaintiff purchased the land thinking that it would carry 2000 sheep. However both the plaintiff and the defendant knew that there was no sheep-farming on the land. With that leading to misrepresentation. MISREPRESENTATION ACT
(CHAPTER 390)
2.1 states that when a person enters into a contract after the misrepresentation by the other party and suffer losses, then, if the person making the misrepresentation has to be liable to damages as respect thereof the misrepresentation has been made fradudulently.

This shows that Ben’s misrepresentation has had a similar case before therefore it would be taken as Alan would be able to claim due to the fact that he has suffered losses due to Ben’s Misrepresentation. …show more content…

Arcos v Ranaason [1933]
The contract for sale of the wooden staves to create wooden barrels were described be ½ and inch thick. However the staves delivered was not ½ inch thick. There was nothing inferior about the quality of the wooden staves however due to the nature of the Sales of Goods act. The buyer is able to reject the offer if he deem so.

Harlington & Leinster v Christopher Hull Fine Art [1991]
Harlington & Leinster, the plaintiff purchased a painting worth £6,000 from the Christopher Hull Fine Art, the defendant. The painting described by the defendant was by a German impressionist artist named Gabrielle Munter it was represented by the defendant in an aution catalogue. Both Harlington and Leinster were both buyers and sellers were London based art dealers but they are not experts on German painting while Defendant, Christopher Hull Fine Art was specialised in the field of German paintings. The plaintiff then send their experts to inspect the painting auctioned by the defendant and it was found out that it was a fake and its worth was less than

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