How to apply misrepresentation Liam cupcake scenario

[@vtrndre3728]

You saved me in level 4 I need your help here in level 5 🙌🏾💪🏾🙏🏾👌🏾

[@thelawteacher5724]

Glad I could help!

[@davisk13]

I am having some contrary thoughts. I think that Liam may not have a claim since he did not take reasonable care to review to accounts when he was given an opportunity to do so (Redgrave v Hurd). Representation was held to be immaterial as a prudent buyer would have discovered so. Also, maybe Mandy told the truth at the time she was making the statement, because the question did not say 78000 pounds was last year’s revenue (With v O’Flanagan). So, even if the misrep is actionable, it will unlikely be fraudulent.

[@thelawteacher5724]

That’s the great thing about law, there is no objectively ‘correct’ answer, it’s all argument. And if you start adding in your own facts about the characters, this is even easier (If you knew Mandy, you’d know she would never be telling the truth.) As long as you support your points, you’ll get credit.

[@abidurrahmanshahi9049]

if lima send the account book to her accountant kim and Kim failed to notice the discrepancy. what type of misrepresentation it will?

[@thelawteacher5724]

Hello, Abidur. The fact that Liam didn’t get an accountant to check the accounts in this scenario, helps to show that he relied on Mandy’s statement. If an accountant checked the accounts, you would need to discuss whether he meets the requirement for reliance against Mandy. If the accountant failed to notice, this doesn’t change the type of misrepresentation that Mandy may have made. There may however be a separate negligence claim against the accountant.

[@abidurrahmanshahi9049]

@@thelawteacher5724 thank you so much mam

[@abidurrahmanshahi9049]

@@thelawteacher5724 Jack runs firm. Rihana who runs a competing firm, contacts Matthew to tell him that she would be interested in buying out his firm, as his client list includes some quite prestigious clients. J tells R that the company is making a modest profit of around £2000 per months and j intends to do a marketing campaign which he hope boost 50% profit (later he fails to Inform R about plan failure).R ask for account book and transfer it to her accountant but she fail to noticed the discrepancy of barely break even. In the following year R purchases the farm then R try to sell the farm but negotiations failed the 50% profit boost ,is it misrepresentation?

[@shahidnahra2121]

hello.. do you help with the exams?

[@thelawteacher5724]

Hi Shahid, I’m not doing tutoring at the moment.