ILAC Model

Following -ILAC model

Case 1 (Misrepresentation)

Issue

In this case, Mr. Brown purchased the land from the Mr. Smith. He decided to build up a fitness center in it. After the purchase, Brown came to know that there were some drainage problems in the area and hence some remedial work is needed. The other thing was that he gets the information about the zone, it was an industrial zone and hence fitness center is not allowed to get constructed there. Mr. Smith refused to compensate brown's claim by saying that he should have checked before the purchase. The issue is regarding the false advertisement and misrepresentation of the commercial zone.

Law/Principal

The law that applies here is the criminal law for the fraudulent or the Fraud Act (Mckeever et.all, 1999, pp. 261--270). Intentional false advertisement can be put in court by Mr. Brown. Larceny and false pretenses can be challenged in court because they are the illegal acts under the civil.

As Mr. Brown can present the newspaper in which the advertisement was published, it can be evidence in court. Because the advertisement was published in a newspaper, it will also be considered as the abiding of the government law.

Mr. Brown can ask for the refund of the payment. Or he can sell the property to any other customer according to the court's decision. Because the zone is classified as an industrial zone, construction of the fitness zone can not be done there. Hence he can ask for the refund of the payment that he made to Mr. Smith for the property (Fraud Act, 2013).

Application or Argument

As the false advertisement is not legal and mentioning the false statements about the property is considered to be a crime. For the first question, Mr. Brown can put the case in court because the property was sold to him on the basis of false advertisement. The rules which apply to the advertisement for selling the property includes that the advertisement should not include any false statement or material. The specification of the land or the building should be accurate. The seller should not provide the buyer with any false hint. The property should be legal and due documentation shall be followed for the sale agreement. Hence Mr. Brown can charge case against Mr. Smith under the Fraud Act.

Criminal laws are made for controlling and dealing with such activities which are considered illegal. Fraudulent also exists under this law. Mr. Brown has to prove in court that he was told false specifications about the home. The evidence in this particular case can be the advertisement that is published. Brown can show the published add which can then be evaluated by the court.

The relevant legislative rules that apply here includes the punishment for the fraud, court can have the property in possession. Moreover the culprit can be asked to pay back the due amount; he can be put into the jail as a punishment. The implication of such laws will ensure that the false ...