Canadian Business Law for Consumer Research - myassignmenthelp

Question: Discuss about theCanadian Business Law for Consumer Research. Answer: As observed in the given scenario, Jim had an interest in starting a business with his neighbor, Neal. Since Jim was known for having a sweet tooth and therefore he wanted to start an ice cream distribution company. Their plan was to Neal developing and utilizing his connection with the farmers who will distribute the ice creams and Jim would be managing and handling with the orders of the stores. However, this plan sounded to be a successful one also because they arranged 15 farmers who agreed on distributing their products through the business of Jim and Neal. Due to the success of their business, Neal disclosed to all the farmers saying that the storeowners needed triple the amount of ice cream next time. Although Jim was in charge of dealing with the orders of the stores. Actually only one store had ordered for extra from one farmer (McDowell and Banks). However, Neal had collected the ice cream from all the farmers and loaded the truck for distributing them to the stores. However, all the stores except one refused Neal. Thereafter, the farmers and Jim held Neal responsible. Such a situation can be identified by saying that it is a case of misrepresentation. The concept of misrepresentation is dealt under the Contract Act (Francis). Due to the behavior of misrepresentation and negligence committed by Neal, the farmers and Jim got affected and suffered loss. Being over excited and giving false hopes by misrepresenting the situation is treated to be as crime under the Contract Act. Misrepresentation is defined as the activities of giving f alse or misleading account of the nature of something. The nature of misrepresentation should be both fraudulent and false. Since Neal had committed misrepresentation, he will be held liable should be pay for the damages caused to the farmers and the store owners. Due to summer season, the ice cream could not be kept stored for a longer time and it all got wasted. Jim will also be liable to the store owners as they could not distribute and supply ice cream to the store owners (Don). Both Jim and Neal were partners, hence, both would be liable to the farmers and store owners. Such a situation occurred in the business of Jim and Neal since Neal committed misrepresentation to the farmers who had distributed triple amount of ice cream as well as the store owners. In this regard, it is noteworthy to mention here that the outcome of such a situation states that both Neal and Jim will be liable to pay for the damages or loss caused to 15 farmers and store owners because Neal committed misrepresentation. They can claim for the loss (Wessling et al.). Jim will also be held liable since they were business partners. Misrepresentation is treated as a common law in the law of Contract. It is treated under both civil and criminal cases and the punishment under the Contract Law states that the one committing the crime shall be punished by a fine and imprisonment that will not exceed a period of five years or both. References: Bohlen, Francis H. "Misrepresentation as Deceit, Negligence, or Warranty."Harvard Law Review42.6 (1929): 733-747. Gibbons, Don C. "Crime and punishment: A study in social attitudes."Social forces47.4 (1969): 391-397. McDowell, Banks. "The Misrepresentation Defense in Insurance: A Problem for Contract Theory."Conn. L. Rev.16 (1983): 513. Sharpe Wessling, Kathryn, Joel Huber, and Oded Netzer. "MTurk character misrepresentation: Assessment and solutions."Journal of Consumer Research44.1 (2017): 211-230.