Introduction to Business Law Essay Example | Topics and Well Written Essays - 2000 words - 3

Introduction to Business Law - Essay Example Law of misrepresentation have provisions that offer redress of the consumer detriment (Cartwright, 2007). However, the rights appear in fragmented forms that are complex hence making it unclear. The complexities presented by the law require amendments to ensure effective application of the law. The current laws provide confusions to the advisers of the consumers and traders as well as their clients, a fact that pose hindrances to private ordering. Therefore, the essay presents the law by highlighting the gaps that need amendments by considering possible avenues that are applicable in a case where the consumer is mislead by the trader. Misrepresentation refers to misleading actions when considered from a private law perspective. However, this law does not occur in a single body but rather represents several causes of actions for a number of issues arising from misrepresentation (Law Commissions, 2010; Atiyah and Treitel, 1967). Therefore, it gives rise to several families of rule. When a consumer intends to bring forth claims of misrepresentation, they are required to go through sea of actions that may be intimidating and lead to uncertain actions (Law Commissions, 2010). These represent some of the discouragement that hinders the consumers from commencing any claim from the fraudulent traders. When a consumer is presented with misleading facts, or is told something that is untrue, such a consumer is said to have been mislead. When the trader breaches the contract or act in a fraudulent manner, the law of England governs this in the 1967 act of the misrepresentation (Warren, 1983). A misrepresentation depends on whether the information falls within the three categories of factual, falseness and not an omission (Cartwright, 2007). When a representation is untrue, it represents an actionable prospect. However, when it is untimely, unintelligible, or not