06 Misrepresentation Flashcards
Special Knowledge: An opinion may be expressed as a contractual term if it is made by someone with superior knowledge [1976]…
Esso Petroleum v Mardon
Mere Puffs: Mere puffs are not actionable [1893]…
Carlill v Carbolic Smoke Ball Co.
*Special Knowledge: If the maker of the mistake has special knowledge i.e. is a car dealer the court will be more likely to find a term [1957]…
Dick Bentley v Harold Smith
Inducement: Where a claimant could have, but did not, verify the accuracy of the representation, a claim still exists. [1882]…
Redgrave v Hurd
Inducement and Materiality: P’s investor was experienced and was not induced to enter the contract by ANZ’s misrepresentation but by his own assumption that the contractual document corresponded with ANZ’s representation. [2006]…
Peekay Intermark v ANZ Banking Group
S.2(1) Claims: The basic measure of damages is the reliance damage. [1991]…
Royscot Trust v Rogerson
Rescission for Misrepresentation: The return of fraudulently obtained goods from a third party who did not know of the fraud. [1965]…
Car and Universal Finance v Caldwell
Bars to Rescission: Courts can deny rescission for non-fraudulent misrepresentations where it is equitable to do so [1994]…
William Sindall v Cambridgeshire CC
Unilateral Mistake at Common Law: Case which evidences mistake as to identity [2003]…
Shogun Finance v Hudson
