Case: Terms of contract - mere representation
Daniel sees an advertisement in a newspaper for a washing machine at a shop for K300.00. He goes to the shop and at the checkout counters says, he accepts their offer for the washing machine to be sold to him for K300.00. However, the shop owner declines to sell the washing machine at this price, saying that unfortunately there was an error in the advertisement. The correct price is K3,000. Is Daniel entitled to demand the shop to sell the washing machine for K300.00?

Answers

Answer 1

Daniel has no title to demand the shop sell the washing machine for K300.00 because the advertisement made an untrue statement which is a mere representation.

What is a mere representation?

A mere representation in an advertisement is not a contract term.

A mere representation is a pre-contract term, and the shop can further clarify that the misstatement was an innocent mistake, which it had done.

A pre-contract representation does not form a contractual term unless it is a financial contract, where the obligor makes certain assertions about itself.

Daniel knows that washing machines do not normally sell for K300.00 unless they are recycled or old.  The advertisement is untrue.  It is then either a misrepresentation or a mere representation.

In this case, Daniel was not induced to enter into a contract with the shop but was merely motivated to buy the washing machine based on the unrealistic advertised price.  There was no fraudulent misrepresentation.

Thus, Daniel has no title to demand the shop sell the washing machine for K300.00.

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Related Questions

Elliot enters into a contract to purchase jd’s house, and then changes her mind. Jd sues her for breach of contract. The lawsuit for a breach of contract will be governed by?.

Answers

The common law of contracts will be applied to the lawsuit for this kind of contract breach. Most agreements between individuals or groups, including oral agreements, are governed by contract laws.

Nearly all facets of our life include contracts. Numerous common law agreements are created without any formal paperwork being filled out. When you buy food, you're making a deal with the supplier of that food. You get into a contract with the business or organization that owns the bus when you ride it. Regardless of whether a contract is in written or not, it is still subject to the common law of contracts. Additionally, contracts that relate to specific areas of life may also be subject to legislation that governs that area.

The common law of contracts has evolved over a considerable amount of time, and there are now common law contract doctrines that cover a wide range of potential contract law situations.

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In rem jurisdiction is created when a court uses its quasi in rem jurisdiction to attach a litigant’s property and compel that litigant to appear in court.

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The given statement "In rem jurisdiction is created when a court uses its quasi in rem jurisdiction to attach a litigant’s property and compel that litigant to appear in court". Is False.

With "in rem jurisdiction," a court has the ability to decide who owns an item or piece of real estate. When plausible claimants cannot be identified, it is usually the prime suspect.

Quasi in rem When a court has in Rem jurisdiction over property, it may "compel" a party to court by seizing the property in question and using it to secure the party's appearance. This is how the court might "get around" the fact that it lacks personal jurisdiction over one of the parties by exercising its jurisdiction over the property at issue. Although the court cannot directly require the plaintiff's presence, it may indirectly do so by threatening the litigant with the loss of property if the litigant fails to appear in court.

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Why would a state Not have
an intermediate court of
appeals?
Is there a difference in the
liklihood of an appeal.
being heard??

Answers

A state does not have an intermediate court of appeals: being heard following states do not have an intermediate appellate court: Delaware.Maine.Montana. different types of cases are dealt with differently throughout an attraction. Civil Case. either side may enchantment the verdict. crook Case. In most states, but, intermediate appellate courts were installed to relieve the workload of the country's highest courtroom with the aid of serving as the courts in which maximum litigants achieve an assessment of destructive choices from trial courts and numerous administrative corporations.

A court of appeals hears challenges to district court decisions from courts placed within its circuit, in addition to appeals from selections of federal administrative corporations. Appellate courts, additionally referred to as the court docket of appeals, are a part of the American judicial system this is accountable for hearing and reviewing appeals from legal cases that have already been heard in a tribulation-degree or other decreased court docket.

The position of the Courts of attraction isn't to offer new trials, but to check the advanced court report (courtroom files and transcripts) to decide if criminal mistakes had been made. To do this, the court docket of Appeals may additionally listen to arguments from each aspect.

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Which amendment separated the vote for president and vice president in the electoral college?.

Answers

The twelfth Amendment to the United States Constitution separated the vote for president and vice president in the electoral college.

What is the twelfth Amendment to the United States Constitution?

The process for choosing the president and vice president is outlined in the Twelfth Amendment to the United States Constitution (often known as Amendment XII). It replaced the method by which the Electoral College was initially operated, as specified in Article II, Section 1, Clause 3. On December 9, 1803, Congress introduced the amendment, and on June 15, 1804, the required three-fourths of state legislatures ratified it. All subsequent presidential elections have been conducted in accordance with the revised regulations, which became effective for the 1804 election.

There was no distinction between votes cast for president and vice president under the original terms of the Constitution, which required each member of the Electoral College to cast two votes.

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Drivers, pedestrians, and bicycle riders must obey traffic signals except when a officer is directing traffic

Answers

Traffic control signals

If the federal and state governments have concurrent authority and the federal government decides to regulate that area exclusively, under the doctrine of federal preemption, the state law __________.

Answers

If the federal & state governments have concurrent authority and the federal government decides to regulate that area exclusively, under the doctrine of federal preemption, the state law is unconstitutional.

What is the doctrine of federal preemption?

In the legal sphere, the Doctrine of Preemption refers to the Supremacy Clause. It states that if a federal law preempts state law, then, the state law is declared invalid. Hence, the federal court can require a state to refrain from enforcing a law if the behavior conflicts with federal law.

Because of this, If the federal & state governments have concurrent authority and the federal government decides to regulate that area exclusively, under the doctrine of federal preemption, the state law is unconstitutional.

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Which amendment declares powers not delegated to the united states by the constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people?.

Answers

Answer:The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Explanation:

HOPE THIS HELPS!!!

which of the following evidences is an example of individual characteristics

-blue glass found at a crime scene
-irregular edges of a broken knife
-a cotton fiber found on the victim

Answers

Answer:

a cotton fiber found on the victim

What is one possible repercussion that parents not paying legally-required child support may encounter?

Answers

Answer:

due to it being a criminal offense the parent could be charged with a misdemeanor or felony. the parent could be fined round 5000$ or sent to jail up to four years. but it also depends on the state you live in some may be not to bad or worse

Explanation:

speaking from experience lol.

Answer: fines and jail or back childsupport

Explanation:

explain why income level appears to be more important than race or ethnicity when it comes to crime trends?

Answers

Income level appears to be more important than race or ethnicity when it comes to crime trends because houses of low income or an absence in any parental figure has been found to be a sign that correlates with an increase in criminal activity. Another factor that has been identified as an indicator of criminal activity is when someone who commits a crime does not have their high school diploma; it shows they might not have been very interactive within the community and in return resort to crime.

Select the elements that do not represent corpus delicti and click submit.

Answers

The elements that do not represent corpus delicti are:

causationconcurrence

What is corpus delicti?

This refers to the legal term that has to do with the facts and circumstances that make up a crime.

Hence, we can see that The elements that do not represent corpus delicti are:

causationconcurrence

This is because causation and concurrence are not valid proof that a crime was committed and guilt being established and thus is not a representation of corpus delicti.

In criminal law, the facts and circumstances are determined by several factors...

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The Charter grants rights and freedoms from government interference, and
discriminatory actions by individuals and companies.
True or false?

Answers

'The Charter grants rights and freedoms from government interference, and discriminatory actions by individuals and companies.

This statement is True.

The definition of government is the exercise of control or power over a group of people. An example of a government is the UK Parliament. (uncountable) Management or control of a system. A system of domination, control, etc.

Political system that governs and regulates enterprises. Different levels of government usually have different responsibilities. The closest level to government is the local government. Municipalities are made up of groups of individual municipalities.

Governments are responsible for making and enforcing social, defense, foreign policy, economic and public service rules. Although the responsibilities of all governments are similar, these duties are carried out differently depending on the form of government.

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The 10th amendment says, the powers not delegated to the united states by the constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people. This means that ________.

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This means that the relationship between the state and federal governments is defined by the 10th Amendment, which also contributes to this definition.

The challenge of balancing state and federal interests as they relate to the federal government's authority to tax, police, and regulate matters like wage and hour laws, the release of private details in records management systems, and laws pertaining to strip mining has gotten worse as federal action has increased.

On December 15, 1791, the United States ratified the Tenth Amendment to the Constitution, which is a component of the Bill of Rights. By declaring that the federal government only has the powers granted to it by the Constitution and that any other powers not denied to the state by the Constitution are assigned to each state, it embodies the notion of federalism, commonly known as states' rights. During its first session after the Constitution's adoption in 1789, the first Congress of the United States put up the amendment.

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Answer:

It is D - states can make their own laws, as long as the laws don't violate the Constitution

Explanation:

Just did flocab quiz

If the federal and state governments have concurrent authority and the federal government decides to regulate that area exclusively, under the doctrine of federal preemption, the state law __________.

Answers

If the federal and state governments have concurrent authority and the federal government decides to regulate that area exclusively, under the doctrine of federal preemption, the state law is unconstitutional.

What is federal preemption?

Due to federal preemption, federal law always prevails where two laws disagree.  Constitution. In relation to the civil justice system, the concept of preemption relates to the premise that lawsuits based on state law claims of negligence or failure to warn are prohibited by federal law.

The "supreme law of the land" is defined by the Constitution as being a federal law, which indicates that if it is federal law, no other state or local law can supersede it. The same is true of how regional and national laws interact with one another. Local legislation must be superseded by state law.

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What is a document called that is filed with the court to state the position of the plaintiff or the defendant in a lawsuit and ask for relief from the court?.

Answers

The document is called Pleadings.

What is a Lawsuit?

A lawsuit is an action brought by one or more parties in a civil court of law against another party. Only a limited number of laws from long ago that are still in force include the phrase "suit in law." The term "lawsuit" refers to a civil action in which the plaintiff asks the court for a legal or equitable remedy.

The plaintiff's complaint must get a response from the defendant. If the plaintiff wins, a judgement will be rendered in their favour, and the court may then make a number of orders, including those to uphold a right, grant damages, or impose a temporary or permanent injunction to stop or compel an action. It is possible to issue a declaratory decision to end future legal problems.

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The readings this week speak to a call within each of us to seek meaning and truth. What are some of the challenges we see in the world in respect to knowing what is true? What can impede us from living lives that align with what we believe to be true? How would our readings address these challenges to knowing and living what we know to be true? The module shared a song about belief and challenges. Do you have a song, book, etc. that helps you remain faithful to your beliefs?

The module readings spoke of idols and things we put in the place of our authentic call to seek and live the truth. Most people don't worship a golden calf literally, but what would you say are some of the "idols" in our current culture? How might we struggle against idolatry in our current age? What insights do the module readings offer in terms of idols and how we can avoid this temptation?

The readings this week speak of the dialogue and reasonability of faith and the relationship between reason and faith. What are some examples of things we believe without questioning, even though there might not be physical evidence? How do our readings define faith and the relationship between faith and reason? What challenges are there in our current culture to faith and how might our readings address these challenges?

Answers

We can actually deduce here that some of the challenges we see in the world in respect to knowing what is true are:

Consistent peddling of falsehood through the media.Indoctrination of false informationScarcity of truth carriers.Suppression of the freedom of speech.

We see that the things that can impede us from living lives that align with what we believe to be true are:

Fear of acting on what we believe to be true.Wrong mindsetLack of inner motivation for what we believe.The wrong environment.

What are challenges?

In life, challenges are seen as certain setbacks that people experience which they must overcome if they must make progress in life. Challenges come either to make someone or to mar the person.

Our attitudes towards challenges determine if we are going to overcome or not.

To knowing and living what we know to be true, we must address the stated challenges by:

Renewing our mindset - A change of mindset.Changing our environment.Dealing with every form of fearAssociating with the right company.

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What are the two main federal agencies that issue guidelines and oversee safety in the workplace?.

Answers

Occupational Safety and Health Administration (OSHA) oversees safety in the workplace.

What is Occupational Safety and Health Administration (OSHA)?

The United States Department of Labor has a sizable regulatory organization called the Occupational Safety and Health Administration (OSHA), which at first had the authority to inspect and survey workplaces on behalf of the federal government. The Occupational Safety and Health Act, or OSH Act, was signed into law by President Richard M. Nixon on December 29, 1970, and it allowed Congress to create the agency. In order to "assure safe and healthy working conditions for working men and women by formulating and enforcing standards and by providing training, outreach, information, and assistance," OSHA's mission statement states. A number of whistleblower laws and regulations must also be enforced by the agency. Workplace safety inspections conducted by OSHA have been demonstrated to lower injury rates and injury costs without having a negative impact on employment, sales, credit standing, or company survival.

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What are shootings that are justifiable and lawful but could have been avoided by some reasonable effort on the part of the officer without additional danger to the officer and others.

Answers

The shootings that are justifiable and lawful but could have been avoided by some reasonable effort on the part of the officer without additional danger to the officer and others is: Avoidable shootings.

What is Avoidable shootings?

Avoidable shootings can be defined as those shooting carried out by law enforcement agency that are considered lawful shooting but on the other hand  can be avoided based on the fact that the shooting can cause harm to others  as well as the officer.

This type of shooting can be  prevented by the officer without causing any form of danger to the officer and the people around the officer which is why law enforcement officials are not allowed to make use of fireman against people but they can tend to make use of the firearm for  defense .

Therefore the shootings that are justifiable and lawful but could have been avoided by some reasonable effort on the part of the officer without additional danger to the officer and others is: Avoidable shootings.

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What do you believe are TWO important skills/qualities of a Probation Officer and Why?

Answers

The skills that I believe are two important skills/qualities of a Probation Officer include:

excellent interpersonal skills and the ability to relate to others.the ability to persuade and influence others.

Who is a Probation Officer?

A probation officer is a court employee who interacts with those who have been ordered to do supervised probation on a regular basis. These people frequently commit petty offenses and certain lesser-level felonies. Most people who are put on probation are first-time offenders. A method used by the court to keep people out of jail is to place them on supervised probation.

Being primarily social beings, probation officers thrive in settings where they can interact with, influence, or assist others. They also frequently exhibit entrepreneurial traits, making them fairly natural leaders who excel at influencing and persuading others.

Therefore, the skills that I believe are two important skills/qualities of a Probation Officer include excellent interpersonal skills and the ability to relate to others.

the ability to persuade and influence others.

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Life insurance companies often give applicants a physical examination to prevent.

Answers

health hazards is the answer

why do you think that having freedom to buy what you want in the market place is more effective than having a centrally planned economy

Answers

The free market brings freedom to the customers because, in a Flea market, the customers can purchase the goods and services from whichever producer they want.

The definition of a customer is a person who buys products or services from a shop, restaurant or different retail vendor. An example of a consumer is a person who goes to an electronics keep and buys a television. (informal) someone, in particular one conducting some sort of interaction with others.

A customer is any individual or company who may have a hobby in buying or has offered, services or products from a company. On every occasion, you pay an invoice or buy something from a shop you're acting as their purchaser. As well-known, there are 3 primary forms of customers.

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Federal rules of evidence that determine what evidence is accepted in court were enacted in.

Answers

Federal rules of evidence that determine what evidence is accepted in court were enacted on Nov. 20, 1972.

What are Federal Laws?

The body of legislation developed by a nation's federal government is known as federal law. When many political entities, such as states or provinces, unite to establish a federation, they cede most of their individual sovereignty and authority to the federal government while keeping or reserving other, more restricted, authorities. As a result, there are two or more tiers of governance inside a defined geographical area. Federal law is the body of law governing the shared central government.

Australia, Brazil, Canada, Germany, Malaysia, Pakistan, the Republic of India, Russia, the former Soviet Union, and the United States are just a few examples of countries with federal governments.

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Daphne contracts with speedy builders inc. To construct a six-foot fence around her yard. Daphne’s neighbor rando is delighted because daphne’s fence will border the north side of his property. This means he can enclose the rest of his property for a much lower price. Before construction begins, however, speedy builders receives an offer for another, more lucrative project, and refuses to perform the contract with daphne. Who can sue speedy builders for breach of contract?.

Answers

According to law Daphne has the power to sue Speedy Builders for breach of contract.

A legal claim and category of civil wrong known as "breach of contract" refers to when a number of the parties to a contract refuse to perform their obligations under the terms of the agreement or interfere with the performance of the other party. A party commits a breach when it disobeys one or more of its obligations under a contract, whether completely or partially. It may also convey its intent to breach the agreement or otherwise show that it is unable to fulfill its obligations. When a contract is broken, the parties who broke the agreement is responsible for paying the injured party's damages

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explain why income level appears to be more important than race or ethnicity when it comes to crime trends?

Answers

Answer:

People with low income levels won't be able to afford much necessities. This would lead them to depend on other unorthodox methods likes stealing which is a crime.

Explanation:

describe the sub field in psychology specifically forensic psychology

Answers

Forensic psychology offers troubles related to psychology and regulation. people who work in this branch observe mental standards to legal issues. this will contain analyzing criminal behavior and treatment or running at once inside the courtroom system.

Forensic psychology is every other subfield of psychology that acts as a bridge between two fields; in this situation, the technological know-how of human behavior and regulation. This area can be extraordinarily enticing to those inquisitive about crook psychology in addition to the crook justice machine, however, it's miles regularly glorified in pop culture.

Psychology consists of 4 principal regions: clinical psychology (counseling for intellectual and behavioral health), cognitive psychology (the observation of the intellectual approaches), behavioral psychology (knowledge behavior via distinctive varieties of conditioning), and biopsychology (research on the mind, behavior, and evolution).

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D. Different Governments. Imagine you are in charge of creating a government for a brand new
country! Which system would you choose if...
A.Federal
B. Confederal
C. Unitary
VICS
1. You want the central government to have the most power?
2. You want laws to be the same throughout the country?
3. You want the central government to have the least power?
4. You want individual states to keep as much independence as
possible?
5. You want both national laws and state laws to exist?
6. You don't care whether individual states have any power?
7. You want a balance between power in the states and the
central government?
8. You want there to be few, if any, national laws?

Answers

The Federal System I Select

Which nation's government is a confederation?

There are no confederate nations today, although there have been in the past. Examples include Switzerland (1291–1848), the union of Sweden and Norway (1814–1905), and Senegambia (1982-89).

What distinguishes the unitary and federal confederate systems of government?

A federal system shares authority between the federal government and the state governments. In a confederation, the vast majority of authority is held by the states, as opposed to a unitary system, when all power is held by the national government.

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The 30-day letter gives the taxpayer the opportunity to pay the proposed tax adjustment or file a petition in the u. S. District court to hear the case. True or false?.

Answers

It is false that the 30-day letter gives the taxpayer the opportunity to pay the proposed tax adjustment or file a petition in U. S. District court to hear the case.

What do you mean by a Taxpayer?

One who pays taxes is often referred to as a "taxpayer". A taxpayer is a person or a business that must pay taxes to local or federal taxing authorities. In addition to many other types, taxes can take the form of income taxes or property taxes levied against owners of real property (such as homes and vehicles). When people purchase taxable products and services, they may be required to pay taxes.

The workforce of a nation is frequently referred to as a "taxpayer" since taxes are used to fund government programs and services. The money paid by the taxpayers forms a component of the public funds, which are made up of all the monies that the government invests or spends in order to meet current or future demands.

If the taxpayer disputes the proposed changes, the taxpayer will receive a 30-day letter giving him or her 30 days to either (1) request a conference with an appeals officer, who is independent and resides in a separate IRS division from the examining agent, or (2) agree to the proposed adjustment.

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13. Which of the following would NOT be found at an expressway entrance?
O A. Entrance ramp
O B. Acceleration lane
O C. Merge area
O D. HOV lane

Answers

D. HOV LANE

Expressway entrances include three areas: the entrance ramp, the acceleration lane, and the merge area.

Ethical Dilemmas Situation 2

You are on a grand jury deciding whether or not a police officer who shot a black man running away from him in a traffic stop be indicted and, if so under what charge. There was no weapon and the man had prior arrests an convictions for drugs but no violent offenses. How would you decide based on law? Should police officers be protected by qualified immunity?

Answers

Answer:

Is this what you asked?

Explanation:

The judge is the one who listens and analyzes the evidence presented by the prosecutor, and it is who takes the decision based on his own criteria and the evidence presented. However, if the judge thinks that the evidence is inconclusive, then the accused appears before the Grand Jury, which is made up of 23 crime-free and randomly selected citizens. So, the Judge is normally who decides whether the case should go to trial, or not, and who hears first all the evidence presented by the prosecutor.

As part of the sds 16 categories, handling and storage lists precautions for safe handling and storage, including ______________.

Answers

As part of the sds 16 categories, handling and storage lists precautions for safe handling and storage, including incompatibilities.

Standard precautions contain the subsequent practices: hand hygiene before and on balance patient contact. the utilization of non-public protective equipment, which can include safe handling gloves, impermeable gowns, plastic aprons, masks, face shields and eye protection. the safe use and disposal of sharps.

Failure to properly disinfect or sterilize equipment carries not only the chance related to breach of the host barriers safe handling  but also the extra risk for person-to-person transmission (e.g., viral hepatitis virus) and transmission of environmental pathogens.

To be compliant with GHS, all safety data sheets must have the GHS- specified, 16 section format and include certain styles of information in each section. This standard format better ensures that each one's employers and employees understand the chemical, its hazards and therefore the precautions users must want remain safe.

They are a vital resource for workplaces and workers to assist you learn more about the product(s) used. Use this information to spot the hazards of the products you employ and to shield yourself from those hazards, including safe handling and emergency measures.

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