False Statement Flashcards
The statement must be untrue or inaccurate
Courts will determine this based on person’s knowledge
Fletcher V Krell
Wasn’t a misrepresentation as she had no duty to disclose her martial status as they didn’t ask
With O flanagan
Failure to disclose any changes before acceptance is misrep
Dimmock V Hallett
Silence can be misrepresentation if it is a half truth
Relationship between the parties is based on trust,
Silence may be misrepresentation
(Tate V Williamson)
A contract is made of utmost good faith all material fact must be disclosed
Lambert V Co Po insurance
Was misrep. Insurance has a right to refuse to pay as all material fact must be disclosed
Misrepresentation of Conduct
The statement doesn’t have to be written or verbal. It can be anything which influence the other’s decision