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Elements of misrepresentation

Elements of misrepresentation
Elements of misrepresentation
Difference between the types of misrepresentation and remedies available.

Content, style, relevance, originality:
Clear demonstration of rigorous research from recognised authoritative sources.

Audience focus. 50% Format, referencing, bibliography

Use of OSCOLA referencing.

Constructive critical analysis, introduction, conclusion

Demonstration of a clear understanding of the issues. Use of academic models.

Brain here are the actual problem question:

Question: Lester advertises a racehorse, Sinbad, for sale in the “Bloodstack Times”, stating that the horse can be inspected at his stables in Richmond. Ben arranges to go to see the horse, and takes with him a friend, Paul, who is a racehorse trainer.

Ben and Paul inspect Sinbad, and watch him being ridden over some jumps by a stable lad. Ben enquires about Sinbad’s pedigree, at which point Lester says that there are two Grand National race winners amongst the names on the pedigree. Lester offers to get the pedigree documents from his office, but Ben says that is not necessary. Paul comments to Ben that he thinks Sinbad has great potential.

Two weeks later Ben decides to buy the horse. He has had it for a month, during which time it has run in several races without success. Last week, he received the copies of the pedigree documents from Lester and discovers that there are no Grand National race winners in Sinbad’s ancestry.

Ben allows the horse to run in the next four races for which it is entered, in all of which the horse comes in last.

Ben has now decided to take the matter with Lester.

(a) With the relevant legal authorities advise Ben as to what type of misrepresentation can he based his claim on and why?

(b) What types of remedies can Ben seek?

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