By Gregory Stone, Anthony Speaight
Architects should have adequate figuring out of the legislations no less than to spot the character of any felony factor that arises. This publication could be an critical reduction to each architect in assembly this problem, for it's the unmarried coherent consultant to the legislations for architects. This variation has been restructured to make reference more uncomplicated and new chapters further. better emphasis is put on how eu group legislation impacts architects.
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Of course, the rights of set-off will be subject to the express terms of the contract. 11 The Act also places restrictions on the contracting parties to preserve the third party’s rights obtained under the statutory scheme. The restrictions apply where the third party has communicated his assent to the benefit/right to the person against whom the benefit/right would be enforced (called ‘the promisor’), or if the promisor is aware that the third party has relied on the term, or where the promisor could reasonably have foreseen that the third party would rely upon and has in fact relied upon the term.
But the courts today are rather less indulgent to exaggerated sales talk and if it can be established that effusive description of a vendor’s product is actually untrue it seems that the courts would today be more likely to hold that to be a misrepresentation than would their nineteenth-century predecessors. 05 Silence generally does not constitute a representation. A vendor is generally under no obligation to draw to the attention of his purchaser the defects in that which he is selling, and even tacit acquiescence in the purchaser’s self-deception will not usually create any liability.
Can be a representation and can therefore be a misrepresentation if the representor does not actually hold the belief, because, as Bowen LJ explained: ‘The state of a man’s mind is as much a fact as the state of his digestion. It is true that it is very difficult to prove what the state of a man’s mind at a particular time is, but if it can be ascertained it is as much a fact as anything else. 04 A somewhat more surprising line of authority holds that ‘mere puff’ or sales-speak does not constitute a representation.
Architect’s Legal Handbook by Gregory Stone, Anthony Speaight