L4 Misrepresentation

Question 1

what is misrepresentation

Answer 1

if misrepresentation is established it allows to you to avoid the contracts, however damages may be available. it is a false statement of fact which induces the other party to enter into the contracts

Question 2

to successfully claim misrepresentation …

Answer 2

1. prove that a misrepresentation has been made
2. establish which type of misrepresentation has been made
3. demonstrate an entitlement to the remedy sought

Question 3

misrepresentation

Answer 3

false - statement - fact - inducement

Question 4

a false statement

Answer 4

firstly, the statement that gives rise to misrepresentation must be false, this can be written or oral

Question 5

statement … by conduct

Answer 5

‘any behaviourby words or conduct is sufficient to be a misrepresentation if its such as to mislead the other… if it conveys fake impression, that is enough’

Question 6

case example

Answer 6

Gordon v Sellico 1986 - concealment of dry rot was a false representation to plaintiffs, who had inspcted the building, that property did not suffer from dry rot