Contract Law - Vitiating Factors

Question 1

Definition of misrep

Answer 1

A statement of material fact made by one party to the contract to an alternate party to the contract, which was intended to operate and did operate as an inducement which was untrue

Question 2

Bisset v Wilkinson

Answer 2

Misrep is a statement of material fact

Question 3

Atwood v small

Answer 3

The statement was intended to operate and did operate as an inducement

Question 4

Couchman v hill

Answer 4

Statement is untrue or incorrectly stated

Question 5

Fraudulent misrepresentation steps

Answer 5

1. Deliberately made a false representation
2. Knowing it may be untrue

Question 6

Derry v peak

Answer 6

Deliberately making a false representation knowing it either is or may be untrue

Question 7

Hedley byrne v heller

Answer 7

Negligent misrepresentation, defines

Question 8

Sibeon and the sibotre

Answer 8

Defines economic duress

Question 9

PIAC V Times Travel

Answer 9

Three step test for economic duress
1. Economic pressure resulting in lack of choice
2. Pressure was illegitimate
3. It was a significant cause of making the contract

Question 10

Atlas express v kafco

Answer 10

Illegitimate pressure

Question 11

Barton v Armstrong

Answer 11

Significant cause to enter the contract

Question 12

Pao on v lau yiu long

Answer 12

Any protest or alternate route will be considered