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It is, therefore, a misdescription of a changed law.
The amendment to the 1985 Companies Act has highlighted misdescription problems.
A misrepresentation or misdescription could result in the landlord being unable to enforce the terms of the agreement.
Often a misdescription of a hand's shape, as distinct from an overbid or underbid.
So he sent a letter arguing that the ticket should be dismissed because 12/05 was a misdescription of the registration expiration date.
That's a misdescription and a mischaracterization.
But it would be a misdescription for most Americans, who define it as weaker than a one no-trump opening bid.
'I'm afraid the misdescription was mine.
Nevertheless, an inacurrate plan that prevails over the verbal description may have the same effect as a verbal misdescription.
If "immaterial" is excluded from clause 11.3 then, whatever the nature of the misdescription, a tenant seeking specific performance would not be entitled to compensation or damages.
"That is the most absurd, inappropriate misdescription of reality that I have ever heard," he said of the accusations that he is never around.
If the misdescription is material the tenant would be able to rescind the agreement irrespective of whether or not the word "immaterial" is included in clause 11.3.
He also knows, and can cite case law as issued by the state's highest court, that omission or "misdescription" of any of the five elements mandates dismissal of a ticket.
The offence extends to oral misdescription and is not necessarily confined to a contractual relationship with the customer (Fletcher v Sledmore [1973]RTR 371).
Clause 10.2 will not protect a landlord where there has been a warranty given, as in the amended 10.1 above, a misrepresentation made or where there has been a misdescription of the site.
But he knows that: "Those who know the Alps like the back of their hands, or who have a particular speciality, will doubtless smite me for a thousand heresies of omission or misdescription."
(b) a misdescription resulting from a change of building number or street name notified in the Gazette or from the allocation of building numbers under Section 32 of the Buildings Ordinance.
The plaintiffs claimed repayment of the purchase price on the basis that the contract was for the sale of goods by description within s13(1) of SGA 1979 and could, therefore, be avoided on the grounds of misdescription.
Even with the latter part of this clause (as drafted) included it has been held that a landlord must still make full disclosure and not mislead the tenant nor will these words protect the landlord from an action for misrepresentation or misdescription.
Where a correction is made to correct a misdescription resulting from a change of building number or street name, or allocation of building number under the Buildings Ordinance, there is no right of objection against the correction and rates remain payable.
As the Encyclopaedia points out, there are a number of clauses in common use in leases attempting to place a limitation on the landlord's liability for misrepresentation, misdescription and non-disclosure, but fortunately (from the tenant's point of view) many such clauses are ineffective.