Paper Information

Journal:   MODARRES HUMAN SCIENCES   FALL 2006 , Volume 10 , Number 3 (TOME 47); Page(s) 159 To 185.
 
Paper: 

COMPARATIVE STUDY OF ACTIONABLE MISREPRESENTATION IN ENGLISH, IRANIAN AND ISLAMIC LAW

 
 
Author(s):  GHANAVATI J.*, JAVAR H.
 
* FACULTY OF LAW, UNIVERSITY OF TEHRAN, QOM PARDIS, IRAN
 
Abstract: 

According to English legal system, misrepresentation is actionable when before the conclusion of the contract and with the intent to induce the other party, the misrepresentation makes a false statementas to material facts of the contract. In Iranian legal system which is derived from Islamic law, misrepresentation is actionable provided that the misrepresentator deceives the other party and the latter -because of deception- enters into the contract. Generally, in Islamic law, all kinds of acts and omission and nondisclosure which lead to the deception of other party may be actionable misrepresentations. However, there are some exceptions in these two legal systems: statement of opinion and puffery are not actionable misrepresentations. The bases of actionable misrepresentation in English law are common law, equity and Act of 1967, while, in Iranian law, the bases of actionable misrepresentation are rule of Tahzir, Ghorur and civil code.

 
Keyword(s): FRAUDULENT MISREPRESENTATION, NEGLIGENT MISREPRESENTATION, INNOCENT MISREPRESENTATION, ACTIONABLE, TAHZIR(WARNING), LA ZARAR(NON DETRIMENT), GHOMR(DECEIT)
 
References: 
  • ندارد
 
  Persian Abstract Yearly Visit 112
 
Latest on Blog
Enter SID Blog