Free Essay

P3 Unit 5

In: Business and Management

Submitted By billybanes
Words 520
Pages 3
In this I will describe the law with respect to misrepresentation
Misrepresentation
Misrepresentation is an idea in the contract law of England which talks about false statement of fact made by one party to another party .For example it could be a false statements or promises made by Vodafone regarding the quality or the provenance of a product.
Fraudulent misrepresentation
Fraudulent misrepresentation is basically the opposite of innocent misrepresentation, as it means that Vodafone not only lied or misrepresented something about a transaction, but that Vodafone did it on purpose, in order to trick the other party which is most of the time the consumers . Therefore, it is the most serious of all the types of misrepresentation and has the worst consequences. A perfect example is if Vodafone decide to sell someone a phone for £100 telling customers that it is fully functional, when the individual selling the product clearly knows that it is actually totally broken. The buyer, who is an international business man who constantly has to make international phone calls for the company that his working for, now cannot perform his job, and is fired. Because of the fact he received a phone that was not working; the British court can require Vodafone to pay back the Business man for the loss of his job.

An innocent misrepresentation
Is when a representation or a statement that is made in good faith and believed to be true by the one making it (Vodafone) but that is in fact false .It’s possible for employees to make mistake during the process of a contract transaction. One of the examples is that Vodafone may not inform the consumer concerning the terms of payment and the exact amount of money that the consumer will see be substrate from his bank account every month from his bank account, which is clearly something that the company should be, communicated with customers. But has it is an innocent misrepresentation it can easily be fixing, by making a phone call to the individual and explain the procedure and the payment works within the organisation. However as it something that is been done accidently consumers cannot be taking suit the company, unless they have clear evidence that it was not done accidently.

Negligent misrepresentation
Negligent misrepresentation is a concept that is used in contract laws. The case of negligent misrepresentation, If that the company makes a statement without any grounds for knowing whether it is true or not, and an aspect of carelessness is involved. For example if Vodafone are providing a phone box without a charger in it, without actually make sure that a charge is in it .It will then be consider of being negligent misrepresentation as the seller is unaware of the full content of the product being sold .Another example could be the delivery services, Vodafone often ensure that mobile being shipped will be receiving within 7 days without actually knowing if the product will be receiving within the deadline mention .So if the product don’t make it on time it then define that there is a negligent misrepresentation that took place.

Similar Documents

Premium Essay

Unit 3, P3

...Unit 3: Introduction to Marketing Task 3 Student name | X NP email address |X Assessor name | X | Unit | 3 | Submission number | 1 | Hand-in date | 19-01-2015 | Cohort | 2014 – 2017 | Authenticity statement | I certify that the work submitted for this assignment is my own and research sources are fully acknowledged. | P3 Describe how a selected organisation uses marketing research to contribute to the development of its marketing plan. Samsung’s methods for market research Samsung gathers information by primary research and secondary research. Primary research is a specific way of finding out what the existing and potential customer wants. There are two types of primary research: Internal and External. Internal primary research includes gathering information from existing internal sources, such as sales figures and customer data which is already collected by the company. External primary research includes gathering new information from customers by surveys, focus groups, mystery shoppers, etc. Secondary research is a less specific way of gathering information. For this type of research, Samsung uses existing data. Here is also the Internal and External research. Internal secondary research gathers information from sales representatives and previous marketing research. External secondary research collects information from industry reports, trade journals, books, etc. These market research methods help Samsung to develop their......

Words: 258 - Pages: 2

Premium Essay

Unit 22, P3

...BTEC National Diploma in Health and Social Care Unit 22: Research Methodology Task 1: P3 Introduction: In this assignment I am going to be creating a table comparing the different research methodologies in health and social care. Research methods are “the various specific tools or ways data can be collected and analysed, e.g. a questionnaire, interview, etc.” (Neville, C, 2007). Methods | Advantages | Disadvantages | Validity | Questionnaires are “a series of questions asked to individuals to obtain statistically useful information about a given topic” (Bryant, L, 2014). There are different types of questionnaires that include face to face, phone, post and online. | -Practical-Large amount of information from a large amount of people can be collected in a cost effective way.-The results can be easily quantified.-It can be carried out by the researcher or any number of people without affecting its validity and reliability.-The results can be analysed more ‘scientifically’ and objectively than other forms of research (University of Surrey, 2014). | -Format makes it difficult to for the researcher to examine complex issues and opinions.-The person which the questionnaire has been send to may not actually fill it.-If the researcher is not present it may be hard to tell whether the participant has understood the question.-The meaning of the questions may be different to the each participant.-In postal questionnaires, the number of them being returned tends to be very......

Words: 2201 - Pages: 9

Free Essay

Unit 45,P3

...Unit 45: Transport systems and the environment In this report I will be describing the different forms of impact that transport systems can have on the environment Air pollution This is one of the most obvious impact that transport systems can have on the environment. Many forms of transport rely on burning ‘unclean’ fuels such as petrol and diesel. Cars and buses are among the main culprits for polluting the environment. The emissions that these vehicles release can be potentially harmful to people’s health. A huge percentage of people living in busier cities such as London, Beijing and Los Angeles die or are seriously affected by diseases and complications that the high concentration of emissions cause. Noise Pollution Cars, buses, trains and planes when moving make noise. This is known as noise pollution. Many people choose not to live in busy cities because of the high level of noise pollution. Visual Intrusion As I have mentioned above, many people choose not to live near a busy road, in a city centre or near an airport because of the loud noise that is associated with these places because of the amount of traffic that goes through them. However it is not just the noise pollution that can be a factor. These places need to be lit up all day and all night so that drivers, pedestrians and pilots can see where they are going as the safety of these people is paramount. The problem with that is that people living near these sort of areas may find it hard to sleep at......

Words: 305 - Pages: 2

Premium Essay

P3 Unit 29

...by a company to those people who buy or use their products or services. 1. Identifying customer needs before the sale You have to treat all customers with respect and provide any information to the customer if they have requested it. 2. Customer service as an objective Customer service as an objective is any activity that affects customers before, during and after a purchase. 3. Target marketing Retailers choose the level of customer service depending on the different demands of their target market. Different organisations offer different levels of customer service. 4. Product offer Customer service is an important part of any product due to that it enables the business to have a competitive advantage from the other businesses. 5. Service quality Service quality is the expectations with performance of the whole business. A business with high service quality will meet customer needs, also making sure that they stand out for the competition. 6. Sales process The sales process is a set of steps that are required to follow within the business, in order to sell an item or product. 7. Selling skills The selling skills that are required are communication, organisation and to be able to focus in order to sell products. 8. Sales support Sales support is the process of an order for the customer. If the goods are out of stock they will order a replacement stock from the warehouse if levels of stock are low. Sales support will organise the delivery to customer at the......

Words: 845 - Pages: 4

Free Essay

Health and Social Care Unit 5 P3

...Unit 5 – P3 By Jess Ross Respiratory system The respiratory system is made up of organs that help the body to breathe that is its main function. The lungs are the main organs of the respiratory system. In the lungs oxygen is taken into the body and carbon dioxide is breathed out. The red blood cells are responsible for picking up the oxygen in the lungs and carrying the oxygen to all the body cells that need it. The red blood cells drop off the oxygen to the body cells, then pick up the carbon dioxide which is a waste gas product produced by our cells. The red blood cells transport the carbon dioxide back to the lungs and we breathe it out when we exhale. Renal system The renal system (also known as the urinary system) consists of the kidneys, urethras, urinary bladder, and urethra. The kidneys filter the blood to remove wastes and produce urine. The urethras, urinary bladder, and urethra together form the urinary tract, which acts as a plumbing system to drain urine from the kidneys, store it, and then release it during urination. Besides filtering and eliminating wastes from the body, the urinary system also maintains the homeostasis of water, ions, pH, blood pressure, calcium and red blood cells. Within the system renal veins take blood from the kidneys straight into the vena cava, the main within the body. Nervous system The nervous system comprises the central nervous system (the brain and spinal cord) and the peripheral nervous system, the nerves......

Words: 1060 - Pages: 5

Free Essay

Unit 5 - P1,P2,P3

...ANATOMY AND PHYSIOLOGY P2, P3 4/27/2015 Khadra Ali | P1 – Outline the functions of the main cell components The human body is made up of millions of tiny cells that can only be seen under a microscope, cell also vary in shape and size. Cells are the basic structural of all living things. The human body is poised of trillions of cells. They give structure for the body, take in nutrients from food, convert those nutrients into energy, and carry out specialized functions. Cells also contain the body’s hereditary material and can make copies of them. Cells all have different sizes, shapes, and jobs to do. Each cell has a different function. The actual definition of cells is the smallest structural unit of the body that is capable of independent functioning, it consisting of one or more nuclei; it has a cytoplasm, and various organelles which are all surrounded by a cell membrane. There are four main parts to a cell; Plasma/Cell membrane, Cytoplasm, Nucleus and Cell Organelles. Plasma/Cell membrane: The plasma/cell membrane is a phospho-lipid-protein bi-layer; the lipids are small fatty molecules in two layers (bi-layer) with larger protein molecules inserted at intervals partly or completely through the bi-layer. The lipid molecules are phospholipids, the two lipid chains are insoluble in water and the phosphate head is water soluble. The fluid which surrounds the cells and the cytoplasm are watery environments next to the phosphate heads. Protein molecules create......

Words: 6290 - Pages: 26

Premium Essay

Unit 1 P3

...For this unit we have been looking at communication is all its vast ways. We have been studying the environmental factors and barriers that can occur in health and social care settings. For this task I have been asked to explain those factors that influence communication and interpersonal interactions in health and social care environments and to also look at the negative barriers to communication. Environmental Factors * Noise * Setting * Lighting * Seating * Space * Time Noise In a health and social care setting such as a Hospital, noise would be appropriate to drown out the sounds of private conversations. For example, if a receptionist was speaking to a patient about an issue regarding their health, they wouldn’t want their personal issues to be heard by other patients in the waiting area. Having background noise would be necessary for digression purposes. This in other words 'takes them out of the spotlight' and keeps the attention between their own conversations. This is a positive factor. A negative example would be the opposite, if a couple needed to get important information from the receptionist or any other professional in a sexual health clinic and cannot be heard by the background noise. This is if all the public waiting are speaking above a normal tone, in which case the couple couldn't hear correctly, they could miss vital bits of information or not get any at all. When being in public places, there should always be a moderate......

Words: 1748 - Pages: 7

Premium Essay

Unit 10 P3

...Unit 10 Caring for Children P3 Safeguarding is a term which is broader than ‘child protection’ and relates to the action the commission takes to promote the welfare of children and protect them from harm. Safeguarding is everyone’s responsibility. Safeguarding legislation and government guidance says that safeguarding means: Protecting children from maltreatment also preventing impairment of children’s health or development. This ensuring that children are growing up in circumstances consistent with the provision of safe and effective care. Taking action to enable all children and young people to have the best outcomes. Physical Abuse Physical abuse may involve hitting, shaking, throwing, poisoning, burning or scalding, drowning, suffocating, or otherwise causing physical harm to a child. Physical harm may also be caused when a parent or carer fabricates the symptoms of, or deliberately induces, illness in a child. If a child often has injuries, there seems to be a pattern, or the explanation doesn’t match the injury then this should be investigated. But you always need to be careful need to ask yourself is it persistent? What is the context? What is the motivation? You can never jump to conclusions, or make assumptions. Some of the symptoms for physical abuse may be: Bruising The bruising is commonly on the head but also on the ear or neck or soft areas - the abdomen, back and buttocks. Defensive wounds are commonly found on the forearm, upper arm, back of the......

Words: 2413 - Pages: 10

Free Essay

Unit 13 P3

...Skills | Qualities | Communication Effective terminology Correct body language Speak loud and clear Listen to others | A good exampleEmpathy DeterminationBravery Confidence HonestyDecisiveness Trust Discipline Loyalty Discipline Loyalty MoraleRegardMotivationMental ability unit 13 p3 Skills Specialist With the world turning out to be more innovative our strengths will have the absolute most propel hardware which will help them from multiple points of view. High positioning officers would utilize innovation with the goal that they can settle on choices and get ready fight arranges which might or not work but rather at any rate we can advise if something is to be changed. A sample for the naval force the skipper and fighting officer can draw up a procedure based off the data that they would have from operations technician, who'd have attempted to pinpoint the where about of the foe ship, same with air ships and submarines then send data by PCs. Technical It is ludicrous to have the leaders posture with all the technical skills anyway it is vital that they can manage circumstances by approaching others with important skills. The motivation to why somebody would need expert abilities is on the grounds that then they wouldn't be as helpless or the administration wouldn't. Individual qualities: Good example – somebody that others would gaze upward to for positive reasons since they've enlivened them to be similar to them or something in view of the appreciation and...

Words: 751 - Pages: 4

Premium Essay

Unit 5

...PUBLIC SERVICES LEVEL 3 – 2016 UNIT 5 Part 1 – PHYSICAL PREPARATION NAME: Rohan Monsy (11024319) Unit 5 - Assessment and grading criteria | To achieve a pass grade the evidence must show that the learner is able to: | To achieve a merit grade the evidence must show that, in addition to the pass criteria, the learner is able to: | To achieve a distinction grade the evidence must show that, in addition to the pass and merit criteria, the learner is able to: | P1 describe a fitness assessment for each of the major components of fitness | M1 explain the results of the fitness assessment and measure against relevant public service entrance test | D1 evaluate results of the fitness assessment, analyse strengths and recommend improvements | P2 describe the structure and function of the muscular-skeletal,cardiovascular and respiratory systems | | | P3 undertake a fitness activity,record and identify the short-term effects of exerciseon the major human bodysystems | M2explain the short and long term effects of exerciseon the major human bodysystems | | P4 describe the lifestyle factors that can affect health | M3explain the effects ofidentified lifestyle factors onhealth and fitness, whenapplying for public service and long-term employment | D2Evaluate the effects ofidentified lifestyle factors onhealth and fitness, whenapplying for public service and long-term employment | P5 Provide lifestyle improvement strategies that can have a positive effect on health | M4Explain......

Words: 2802 - Pages: 12

Premium Essay

Unit 7 P3 and P5

...P3 Use accounting data and statistical information to measure business performance. Monitoring a business current performance is very important due to the fact that it helps to keep the business stable. An organisations previous years data or information on sales income and costs is very essential to monitor the current performance of a business. Historical information of a business sales income and costs tells the business the amount of income they have acquired and the total amount of their expenses in previous years. This information helps monitor the current performance of a business so that they could use previous information to compare the different data’s. There are three main data’s that are very essential when monitoring business performance and assessing its success: • Balance sheet is a financial business document which provide information of the business assets and debts, it shows what the business owns and what it owes through the date listed. Balance sheet helps to assess the business performance as it is used to track the spending and earnings of the business. Balance sheet informs the business about its financial standing. Balance sheet helps the business to assess their performance as it examines the business assets and its debt. Balance sheet assess whether the business is financially capable to pay its debts or not. Balance sheets shows If the business has more debts than their assets. Using Balance Sheet businesses are able to improve their financial...

Words: 1300 - Pages: 6

Premium Essay

Unit 40 P3

...Unit 40 – P3 Within this assignment I will be describing legislations and frameworks which govern work with individuals with dementia. To do this I will be explaining four different legislations as well as one framework and discuss how they affect and support the care of individuals with dementia. Data Protection Act 1998: The Data Protection Act 1998, in its current form was put into place in March 2000 to give individuals the right of access to 'personal data'. This personal data qualifies as any information held by a company or setting that relates to an individual. Personal data is often collected when someone completes a purchase from a service or company. It can consist of contact, bank or any other details about the individual such as the history of their health or family's health. However, much of the data that is collected is sensitive and if it were to fall into the wrong hands, it could result in it being used against the individual. With so much personal data held by organisations, there needs to be some kind of rules for companies to follow if they are to ensure that data is handled fairly. The Data Protection Act acts as a foundation for providing these rules. The Data Protection Act 1998 helps to support the care of individuals with dementia because it gives both individuals with dementia and their family expectations of how their information will be used and ensures it will only be used legally. The act ensures that data is stored and disposed of......

Words: 1400 - Pages: 6

Free Essay

Business Unit 19 P3

... P3 Market Research In this section of Unit 3 I will be discussing Apple and how they conduct their market research. Market research is when a business/organisation goes out and gathers information about customers’ wants and needs. Primary research is a type of market research, its research that has been gathered first hand by the person or group conducting the research i.e. surveys, focus groups or observations. Secondary research is another type of research that involves getting your information from someone else; using the research that someone else has gathered. Qualitative and quantitative are the natures of primary and secondary research. Qualitative research is market research that explores the attitude and behaviours of customers. Apple use this to gain an insight on not only what customers think about their products but why they think it. Quantitative research is the process of gathering information by asking people for their opinions in a structured way in order to produce hard facts and statistics; research that deals with numbers and figures e.g. 65% of iPhone 6 users want the iPhone 6s. The sole purpose of market research is to collect data on customers and potential customers. The data that has been collected aids the business in future decision making thus reducing the risk involved in making such decisions. By aiding in decision making, market research guides apple’s marketing plan as well as the four Ps: place, product, price and promotion. The research......

Words: 360 - Pages: 2

Premium Essay

P3 Unit 3

...P3  –  Unit  3         Market research Market Research is the process of gathering, analysing and interpreting information about a market, product or service to be offered for sale in that market. It also involves information about the past, present and potential customers for such products or services. The strategy consists on gathering information from possible future buyers or current ones (generally to improve the product). This information is recorded through questionnaires over websites, fax, emails, in shops, and so on. Market Research is also important to notice the trends of the public, and to therefore produce new products according to the statistics to sell a product, do more quantity of something or create a product. Primary and Secondary research Primary research (field research) involves experiments, investigations and tests carried out to acquire first-hand data, rather than being gathered from published resources. This market research technique is to record new information from a customer or a group of them and take out key information out of them to be able to produce a successful product that they would buy. Secondary research (desk research) is the type of research that is already compiled and organized for the business. Examples of secondary research include reports and studies by government agencies, trade associations or other businesses within the industry. However there can be problems with the......

Words: 412 - Pages: 2

Free Essay

Unit 2 P3

...2 P3David OZUO 52517 Unit 2 – P3 Describe the main physical and technological resources required in the operation of a selected organisation ------------------------------------------------- Ayo Afolabi ------------------------------------------------- a) Explain what is meant by resources and give examples All organisations have physical and technological resources that they own that need to be carefully managed. Physical resources are the resources that an organisation needs to maintain in order to carry out its activities. Physical resources include the organisation’s buildings and machinery and the maintenance, insurance and security of these resources. Technological resources include the physical equipment and designs and drawings. It also includes things like software and music, which are also owned by the organisation. b) Explain the difference between physical and technological resources and give examples. Physical resources Physical resources are the resources that the business needs to maintain in order to carry out its activities. This includes buildings, equipment, maintenance and insurance. Buildings and facilities – all businesses need buildings to operate from. This could be a shop, office or someone’s house. The type of building can be very important to some businesses, such as famous buildings in London for financial companies. These companies will want to impress clients by having excellent facilities within the building, such as reception......

Words: 3510 - Pages: 15