Introduction介绍
这项工作的目的是确定问题的问题，并以此为基础开发相关的法律论据。The purpose of this assignment is to ascertain the issues of the question and develop the arguments based upon the related laws.Issue问题
对分配问题的第一个问题是是否该事件的组织者帕特丽夏温斯洛展览公司（“我们”）歪曲威廉谁是唯一的董事和股东选择邮票及硬币公司（“SSC”）和威廉签订了合同，为参展商。更具体地说，问题在于，威廉是否有权获得3500美元的支持或不支持。The first issue of the problem assignment is whether or not the event organizer Patricia of Winslow Exhibition Company (“WE”) misrepresented William who is the sole director and shareholder of Select Stamps & Coins Company (“SSC”) and William signed the contract as an exhibitor. More specifically, the issue is whether William has right to get $3500 stand charge back or not.Misrepresentation虚假陈述
在这种情况下，出现两次虚假陈述。欺诈的失实陈述是，其中一人或实体已采取步骤，故意故意欺骗对方的情况。欺骗可能涉及发行，被称为是不真实的或故意遗漏了一些相关的事实或信息，最终导致某些类型的损失或损害的陈述。虚假陈述是一种特定类型的虚假陈述。根据普通法，可以欺骗的侵权行为下欺诈的失实陈述而获得损害赔偿。In this case, it appears twice for fraudulent misrepresentation. Fraudulent misrepresentation is a situation in which a person or entity has taken deliberate steps to intentionally deceive other party. The deception might involve issuing statements that are known to be untrue or to deliberately omit relevant facts or information that ultimately lead to some type of loss or damage. Fraudulent misrepresentation is a specific type of false statements. According to common law, damages can be obtained for a fraudulent misrepresentation under the tort of deceit .In accordance with the case, first of all, Patricia told William it was the last stand and he was lucky to have a space at the exhibition before signing the contract, whereas on the day of the event half of the stands were not occupied and no rich international enthusiasts of stamp and coin were attended as Patricia said. Organizer should be clearly aware of the number of exhibition units, but Patricia made misrepresentation for the purpose of inducing William to enter a contract which made William worried about that he would have no opportunity to get a stand and blindly signed it. This is the first fraudulent misrepresentation of Patricia.
Moreover, Patricia stated the cost of exhibitor stand is $3,500 which is more expensive than last year, because in the interest of protect all the exhibitors. Patricia also misrepresented William that WE company will organize two separate insurance policies including covering all loss, damage or theft of stamps and coins. Before signing the contract, William reconfirmed the safety of his goods and Patricia guaranteed his property would be safe, nevertheless the contract does not refer to any insurance or security arrangements. In addition, as the organizer of WE company, Patricia must well know all information about the event. These are fraudulent misrepresentations, organizer wanted to induce exhibitor sign the contract bringing about William suffered the loss. Thus, since WE company did not insure the exhibition products resulting in William suffered the loss of his goods. Patricia had already known that the insurance policy covering the coins was more expensive than expected and no insurance about stamps, but he still exaggerated coverage of insurance policy to William at the pre-contractual statement. This is the second fraudulent misrepresentation.
Furthermore, the statement is that a great number of international coins and stamps enthusiasts will present at the exhibition. This representation was not explicitly notified by whom, accordingly, it cannot be considered as an argument of misrepresentation.
Exemption Clauses免责条款
The contract should be determined to be invalid and can be voidable based on the fraudulent misrepresentation. Above all, the contract included 12 clauses that all surrounding unilateral protection rights of organizer. It was neither related obligations of the convention nor related rights of William, so the contract formation is unfair. Besides, clause 5(a) stipulates the organizer has no liability or responsibility to make reparation for displayed goods, such as loss of da
