✔ 最佳答案
17歲的表弟就唔會有事
佢是一個
minors
Minors are people under the age of 18. When contracts are entered into by minors, thay are generally voidable at the potion of the minor. This makes the contract non-binding on the minor but binding on the other party.
不過,minors所簽的合約是學術/生活必需品就有效
咁你話yahoo 拍賣,就非學術/生活必需品
所以是一個voidable contract
但是佢話告你表哥(咁佢應該大過18歲)
就要ge la
不實之陳述 (Misrepresentation) (A) 欺詐性的不實陳述 (Fraudulent Misrepresentation)
1. 意義:一方明知不實,而仍作出的陳述。
2. 受害方証明對方不誠實的意圖。
3. 受害方因誤信對方不實的陳述,被引誘與對方締約時 ,受害方於知道受騙時,有權撤銷契約,並要求賠償。
Once it has become clear that a misstatement has been made it made it may turn out to be fraudulent. The three tenets of fraudulent misrepresentation were laid out in Derry V Peek (1889) 14App Cas 337. They are that statement was made either with the knowledge that itws false, or without belief in its truth, or recklessly without care as to its truth or not.
(B) 過失的不實陳述 (Negligent Misrepresentation)
1. 意義:一方沒有合理的理由去相信是事實,仍作出的不實陳述。
2. 被告須證明,他有合理的理由,相信所作出的陳述是事實。
3. 受害方有權撤銷契約,並要求賠償。
Hedlsy Byrne v Heller (1964) AC465
A banker's reference was given to the plaintiffs, and relying on this reference they lent money to the compant who was the subject of the reference. The reference was negligently given and the compant defaulted on the loan. The defendant bank tried to rely on a disclaimer clause to avoid liability. The court however felt that there was a special relationship and the judgement led to the creation of the concept of negligent misstatement.
(C) 無意的不實陳述 (Innocent Misrepresentation)
1. 意義:一方並無故意,亦無過失,而作出的不實陳述。
2. 受害方只有權撤銷契約,不可要求賠償。
Bissett V Willkinson (1927)
A vendor sold two blocks of land called "Homestead" and " Hogan's" to purchasers for the purpose of sheep farming. The purchasers failed in their business and declined to pay the balance of the purchase moneys according to their agreement. When the vendor brought this action for the sum owed, the purchasers alleged by the way of defence and counter-claim that the vendor had "represented and warreanted that the land which was subject of the agreement had a carrying capacity of 2000 sheep if only one team were employed in the agricultural work of the said land". The meaning of the representation as alleged was that the capacity of the land during winter, with such food as could be grown by the proper use in ploughing of one team of horses regularly employed throughout the year, was 2000 sheep. Held : the vendor's statement made prior to the sale was nothing more than an expression of opinion honestly held, and the fact that it was mistaken did not entite the purchasers to rescission.
你講那一個是什麼不實陳述?
第一種/二種就有事
可能要找法律支援
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