Selling the Dream vs. Reality: A Legal Perspective on Misrepresentation
A misrepresentation is where one party makes an untrue statement which leads a second party to enter a contract with the first party, where the second party incurs a loss.
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Nominal Damages
The aim of the court in civil litigation is to put the parties back in the position they were in had the contract not been breached.
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Look what you could have won!
The judge was of the view that it would be inappropriate to require our client to proceed blind or adjourn and prejudice their position.
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Strange things are afoot with the Online Claims Portal!
It is now absolutely imperative that all claims received by clients are forwarded to us upon receipt as any delay might prove fatal to one’s cause.
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Implications, assumptions, and confusion – why being clear on your actions could be key to winning
The diagnosis showed the third-party garage had failed to repair the vehicle to a satisfactory standard and this was relayed to the consumer.
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Burden of proof? Get your evidence while you can!
The burden of proof reverses for issues raised between 30 days and six months of ownership.
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Did you know that finance companies and brokers are psychic?
Our advice is don’t be bullied by them. But, that advice comes with a warning too.
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On your Marks… Get Set… Doh!
The TSO told our member that the consumer ought not to have experienced a failure given the age and mileage of the car.
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Notice to Dismiss – Reminder!
The law states an employer or employee who terminates employment is required to provide the following notice…
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Total Recall – Real or Dream?
You must NOT sell a vehicle with a recall on it to a consumer, even if you tell them about it and they say they will see to it.
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Your Evidence Is Vital
As opposing witnesses give different accounts of what has happened, some cases really will hinge on which version of events the judge prefers.
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Day 1 Employment Rights
Employees are already protected from day one in respect of wrongful dismissal and discrimination, but a dismissal based on poor conduct, for example, can be effected by giving relevant notice.
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