• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
Free ACCA & CIMA online courses from OpenTuition

Free ACCA & CIMA online courses from OpenTuition

Free Notes, Lectures, Tests and Forums for ACCA and CIMA exams

  • ACCA
  • CIMA
  • FIA
  • OBU
  • Books
  • Forums
  • Ask AI
  • Search
  • Register
  • Login
  • ACCA Forums
  • Ask ACCA Tutor
  • CIMA Forums
  • Ask CIMA Tutor
  • FIA
  • OBU
  • Buy/Sell Books
  • All Forums
  • Latest Topics

20% off ACCA Books

Books for Sept'23 ACCA exams : Get your discount code >>

New! Ask ACCA AI Tutor

Post your questions
& get instant answers

Representations

Forums › Ask ACCA Tutor Forums › Ask the Tutor ACCA LW Exams › Representations

  • This topic has 3 replies, 2 voices, and was last updated 3 months ago by MikeLittle.
Viewing 4 posts - 1 through 4 (of 4 total)
  • Author
    Posts
  • June 5, 2023 at 6:20 pm #686089
    MuhammadAhsan1822
    Participant
    • Topics: 1
    • Replies: 1
    • ☆

    Hello Mike, I hope you are doing well.

    First of all, I would like to appreciate your lectures, they’ve been a lot of help, thanks a lot!

    Secondly, I wanted to ask about representations under the contract law chapter. I was confused about the bullet points in the notes and do not understand what they are saying. All I understand is that representations are like invitations to treat. But i don’t understand how opinions are linked to it. in the notes it says “nor or opinion” and then it says “unless clearly not a genuine opinion.”

    Kindly explain as I am quite confused, thanks.

    June 6, 2023 at 7:45 am #686153
    MikeLittle
    Keymaster
    • Topics: 27
    • Replies: 23001
    • ☆☆☆☆☆

    Thank you Muhammad for those kind words 🙂

    A representation is …
    – a pre-contractual statement made
    – by one party to another
    – of some known or discernible fact and
    – made with the intention of inducing the other into a contract

    So, if it’s a statement of opinion, then that clearly rules out the situation where a statement is being discussed as being a representation

    BUT!!! If this statement of opinion is clearly not a genuine opinion, then that would be classed as a misrepresentation.

    The case Bissett v Wilkinson concerning an opinion about the ability of a stretch of land to support 2,000 sheep was an opinion based on the vendor’s knowledge of the land and of farming. As a statement of opinion, and a genuine opinion, it was not taken to be a representation.

    But in the case Smith v Land and House Property Company, the statement of opinion by the vendor that ‘Mr Frederick Fleck, a most desirable tenant’ did not accurately characterise Mr Fleck who really could not be considered to be a desirable tenant

    Thus, although this was a statement of opinion and not, on the face of it, a representation, because it was clearly a statement of false opinion, it could be (and was) seen to be a representation.

    Is that clearer for you?

    June 6, 2023 at 7:13 pm #686240
    MuhammadAhsan1822
    Participant
    • Topics: 1
    • Replies: 1
    • ☆

    Yes, it makes much more sense now, thanks a lot again!

    June 7, 2023 at 6:46 am #686314
    MikeLittle
    Keymaster
    • Topics: 27
    • Replies: 23001
    • ☆☆☆☆☆

    You’re very welcome

  • Author
    Posts
Viewing 4 posts - 1 through 4 (of 4 total)
  • You must be logged in to reply to this topic.
Log In

Primary Sidebar

ACCA News:

 

ACCA Qualification syllabus changes for 2023/24

Need verifiable CPD for 2023? 21 units of FREE CPD on offer from ACCA

ACCA My Exam Performance for non-variant

Applied Skills exams is available NOW

NEW! Download the ACCA Pass Guide

ACCA mock exams and debrief videos

ACCA Options:  “Read the Mind of the Marker” articles

Subscribe to ACCA’s Student Accountant Direct

Specially for OpenTuition students

20% off BPP Books

Get BPP Discount Code

Donate

If you have benefited from OpenTuition please donate.

ACCA CBE 2023 Exams

Instant Poll * How was your exam, and what was the result?

BT CBE exam was.. | MA CBE exam was..
FA CBE exam was.. | LW CBE exam was..

PQ Magazine

Latest comments

  • fruitella on Discounting, Annuities, Perpetuities – ACCA Management Accounting (MA)
  • ukpabi on Marketing – ACCA Strategic Business Leader (SBL)
  • nghja2012 on Inventory – Examples – ACCA Financial Reporting (FR)
  • kelems on Basic group structures – SPLOCI introduction and example – ACCA (SBR) lectures
  • jcosgrove16 on Double Entry Bookkeeping (part a) – ACCA Financial Accounting (FA) lectures

Copyright © 2023 · Support · Contact · Advertising · OpenLicense · About · Sitemap · Comments · Log in