NAME: the place was worked properly, it

NAME: OAGILE MASEBE
STUDENT ID: 201600958
COURSE: FOUNDATIONS OF BUSINESS LAW
COURSE CODE: LAW 251
COURSE INSTRUCTOR: DR. T. I. T. MAGANG
DATE: 29 OCT 2018

QUESTION 2
ISSUE: Should Solly be held liable for fraudulent misrepresentation? Fraudulent misrepresentation is a false statement made intentionally without belief in its truth about whether it be true or false that induces someone to enter into a contract–Derry v. Peek (1889).

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In this case Solly advertised the restaurant for sale and Haste made and offer After inspection which Solly declined. In turn Solly made a counter offer by deceit to get more money out of Haste. Haste then accepted the counter offer due to the false statement of material facts made intentionally by Solly to persuade Haste to contract.

RULE OF LAW: In order to enact an evidential (prima facie) case for fraudulent misrepresentation the litigant must prove that the defendant knowingly made a false statement of a material fact, with the intent of persuading the other litigant to contract and that litigant justifiably relied on that misrepresentation.

According to Bisset v Wilkinson 1927 AC 177 case The plaintiff purchased from the defendant two blocks of land for the purpose of sheep farming. During negotiations the defendant said that if the place was worked properly, it would carry 2,000 sheep. The plaintiff bought the place believing that it would carry 2,000 sheep. Both parties were aware that the defendant had not carried on sheep-farming on the land. In an action for misrepresentation, the trial judge said:
“In ordinary circumstances, any statement made by an owner who has been occupying his own farm as to its carrying capacity would be regarded as a statement of fact…. This, however, is not such a case…. In these circumstances… the defendants were not justified in regarding anything said by the plaintiff as to the carrying capacity as being anything more than an expression of his opinion on the subject.”
The Privy Council concurred in this view of the matter, and therefore held that, in the absence of fraud, the purchaser had no right to rescind the contract.

Smith v Land & House Property Corp (1884) 28 Ch D 7
The plaintiff put up his hotel for sale stating that it was let to a ‘most desirable tenant’. The defendants agreed to buy the hotel. The tenant was bankrupt. As a result, the defendants refused to complete the contract and were sued by the plaintiff for specific performance. The Court of Appeal held that the plaintiff’s statement was not mere opinion, but was one of fact.

Name: PANALIGAN, ROMNER JOAQUIN R. Section: B81

Name: PANALIGAN, ROMNER JOAQUIN R.
Section: B81

Topic: Gender Discrimination in Maritime Industry

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Gender discrimination has been an issue and topic of debates and discussions for decades. It usually happens in all professions. One of which is maritime industry. In this paper, online articles are viewed and analyzed to discuss the forms of Gender discrimination in Maritime Industry.

Being a seafarer is not that easy. Aside from numerous job qualification, women experience difficulty in the application process. According to Durak (2006), there are many forms of gender discrimination. A seafarer’s job is globally male-dominated work. Many women encounter difficulties in finding a job. Inequalities also happen when it comes in hiring. Some companies do not employ them. They believe that women should improved their skill and ability. On the other hand, women can work as hard as men do, they must be treated equally in terms of hiring. In order to support women, in some countries they follow the steps established by International Maritime Organization (IMO) in honing and empowering women on issues involving industry. Without discrimination women can entirely and thinking about co-workers discriminating them, but there are some companies that promotes a women, they encourage women to be part of the maritime industry. Women believes that if you cannot beat them, join them. In the past few years, the percentage of women that are being employed raised, that made other inspire working at sea.

Maritime environment is strictly male-dominated, women at sea may feel ignored or not belonged because of their limited capabilities. There are many operations onboard the ship. It is divided according to their departments, like Deck, Engine and Steward. Inequalities also happens when it comes on working inside the ship. According to Zhao (2000), the percentage of women in the ship are increasing, but they experience a lot of challenges. Some workers inside the ship are not fair to their co-workers especially on women. They said that women are not competent enough to that job. Most of the operation onboard he ship are more on physical such as lifting, unloading cargo and changing oils.

NAME is common for them as they

NAME : MUHAMMAD IZZI SYAZRIL BIN ISMAIL STUDENT ID : DOSHM18070015BATCH : 46/G2LECTURER NAME : FARAH HAMIZAH MUHD ZAIMI

In this new era , there are a lot of news and crisis regarding the unwanted pregnancy among underage children. According to The Star (www.pressreader.com 2018) statistic shows that around 1,000 underaged children in Malaysia get pregnant every year . It also add up until 18,000 underaged children who gets pregnant average per year . The term underage children refers to those who age between 18 and below and can be called as minor. Pregnancy among underage children can be crucial for them as they were unable to support the baby mentally and financially. There are many causes of this problem which are like social media, couples and pedophile.

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The first causes is social media . Nowadays , in this era social media is common for them as they are quite heavy user of social media such twitter, instgram and also wechat. In social media they are exposed to negative threads such as sexual predator who are looking for a victim. For example, in a Wechat social media platform (www.nst.com.my 2018) it is an apps to communicate with others people. It has a “look around” system which allows the user to search the nearby user to chat with. According to New Straits Times , Wechat is a medium used by sexual predators targeting the minor. These sexual predators will contact the minor and continued lure them by meeting them and later resulted into an unwanted pregnancy. There are 138 cases reported by The Malaysian Police Department regarding the uses of wechat on committing a crime.( /www.nst.com.my 2018)

Besides that, this young age children tend to have boyfriend or girlfriend . They are sometimes not just being in a normal relationship but they tend to follow the adults behaviour. Their boyfriend or girlfriend might pursued each other into making a sexual intercourse. It is serious issue for them as they are still young and their bodies is still not fit to conduct any sexual intercourse alongside with the lacks of sex education. They might does not use any types of sexual protection such as condom and contraception pills which can cause the girls get pregnant. This problem will resulted the young pregnant girl to suffers from mentally and financially issues as they are still under their parent’s responsibility.
Then, there are always an issue about pedophile. Pedophile is not always a child molester but pedophile itself is formally to diagnosed as a psychiatric disorder. (www.merriam-webster.com 2018) Pedophile is interested in doing a sexual intercourse mainly in underaged children. They will groom these victims since they were young. For example a pedophile would gives them food, gift and expensive things and later will expect the returns into making a sexual intercourse. These victims were unable to fight agains them because they sometimes were threatens to get hurt. This cycle will continue to remain until the victims get pregnant in the young age.

In the nutshell, this causes is a serious issue in Malaysia. Parents and Government have to play an important role to protect the young aged children from getting pregnant. For example the government need to imposed a new law against sexual offenders as the unwanted pregnancy in minor is harmful for them as they should be enjoying their childhood life which fits their age. Lastly, we need to be together to combat this serious issues as in each year the numbers of minors getting pregnant is increasing day by day and if it not us who stop it, then who would be?
References
(2018). Retrieved from https://www.nst.com.my/news/2016/07/156097/wechat-tops-list-apps-used-sexual-predators-targeting-malaysian-kids
(2018). Retrieved from https://www.nst.com.my/news/2016/05/143831/18847-teenage-pregnancies-shocking-statistic
Definition of PEDOPHILIA. (2018). Retrieved from https://www.merriam-webster.com/dictionary/pedophilia
PressReader.com – Connecting People Through News. (2018). Retrieved from https://www.pressreader.com/malaysia/the-star-malaysia-star2/20180430/281479277031026

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