Thurston Argument Analysis
The formation of a contract is often preceded by a series of negotiations between the parties. Some of the statements made may later turn out to be false. Weitzenböck (2012) defined in English contract law, misrepresentation are a false statement of fact that made by one party to another party, which was intended and did induce latter to enter into the contract. If it happens to be the untrue statement, thus the party who has been misrepresented may claim damages for breach of contract or as for misrepresentation, the remedy of a recession may be available to the innocent party. On the subject of Thurston Binns circumstances, it indicated that Thurston could argue that Peter had misrepresented to him the actual contract formed.
In Peter’s statements,
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However, in the event of Thurston circumstances, it occurred that Peter would be liable for negligent misrepresentation unless he had reasonable grounds to believe and he did believed that the facts represented were true (Monaghan & Monaghan, 2013). The negligent misrepresentation will usually be limited to those reasonably foreseeable (Barnes, 2010). Fortunately, there are two possible ways for Thurston to claims for damages were negligent misstatement has been made for instance a claim in tort for a negligent misstatement or a claim for damages under s 2(1) Misrepresentation act 1967 (Poole, 2012). But it is suggested that Thurston has to pursue his claim under s 2(1) of the Misrepresentation Act 1967 where it is not necessary for Thurston to prove a special relationship between them that imposes a duty of care, and under this Act, Thurston will be successful since it reverses the normal burden of proof as in Howard Marine & Dredging Co Ltd v A Ogden & Sons (Excavations) Ltd [1978] QB 574 (Riches & Allen, 2009). Therefore, where there is misrepresented the contract become voidable and as for Thurston situation the damages will be assessed in the same way as for fraud so that Thurston can recover for all losses flowing from the misrepresentation (Royscot Trust Ltd v Rogerson (1991)) (Riches & Allen,
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