False Statement Flashcards
what is false statement?
where an individual makes a statement which is false
Spice Girls v Aprilia World Service
facts: The band misrepresented unity during a photo shoot and promotions, concealing their impending breakup. Aprilia sued for misrepresentation.
held: the Spice Girls’ actions amounted to a misleading portrayal that influenced Aprilia’s decision to sign a long-term contract.
principle: misrepresentation can be made verbally, in writing or by conduct.
Fletcher v Krell
facts: a rental contract for a flat during a procession was canceled due to its postponement.
held: court ruled in favor of the plaintiff, stating that the contract was frustrated by the unforeseen event, releasing both parties from their obligations.
principle: there is no obligation to make statements, but anything said must be true
With v O’Flanagan
facts: D accepted a governess job, believing the claimant was unmarried. When discovering the claimant’s divorce, the claimant sued for breach of contract, and D cited the mistake as a defense.
held: court held that silence didnt amount to a misrepresentation.
principle: circumstances can change so statements must be corrected if this happens
Dimmock v Hallet
facts: a landlord promised to reduce rent if other tenants signed leases but didn’t intend to fulfill the promise. Dimmock sued for breach of contract
held: court ruled the promise lacked consideration and was unenforceable because there was no intent to create legal relations.
principle: Silence can be misrepresented if statement made is a half-truth. duty to disclose
Tate v Williamson
facts: Tate agreed to sell a horse to Williamson, but the horse died before delivery. Tate refused to deliver the horse, and Williamson sued for breach of contract. held: Tate liable for breach of contract as Tate bore the risk until delivery.
principle: silence can be misrepresented if the relationship is based on trust (eg. advisor to client)
