A day before the opening, he receives a booking request from Robert Milford for a two- night, all-inclusive stay.

When Robert arrives at the hotel, Wilson is convinced that he is the famous football player Ronald Messino, using an alias. At reception, Wilson has displayed a few antique items for sale. On checking out, Robert selects a vase from the display and asks whether Wilson is willing to take a cheque for it. Wilson says that although usually he does not take cheques, as he is a famous football star, he will accept a cheque. To this, Robert smiles and gives Wilson a cheque for 500. Wilson accepts the cheque and gives the vase to Robert.

When he goes to the bank to cash in the cheque, he is informed that the cheque is a forgery. Wilson manages to trace the vase to Kam who had paid Robert 700 for it and refuses to give it to Wilson.

Task

In the written advice to Wilson v Kam, using the information provided you must:

• Identify the elements of actionable representation AC 3.1
• Differentiate between fraudulent, negligent and innocent misrepresentation AC 3.2

In order to achieve a Merit grade you must in addition:

• Examine the remedies available for fraudulent, negligent and innocent misrepresentation AC 3M1
• Contrast the effects of misrepresentation and mistake on a contract AC 3M2