LAW P3 CONTRACT CASES (MISREPRESENTATION)

Question 1

What is the case for negligent misrep?

Answer 1

Howard marine v Ogden, the defendant had not discharged the burden of proof by demonstrating they had reasonable grounds for believing its true

Question 2

What is the case for fraudulant misrep?

Answer 2

Derry v Peek, the statement was not fraudulant but made in the honest belief that approval was forecoming

Question 3

What is the case for misrep (false statement)

Answer 3

Bisset v Wilkinson, the statement was only a statement of opinion and not a statement of fact and therefore not an actionable misrepresentation

Question 4

What is the case for misrep (inducement)

Answer 4

Horsfall v Thomas, the misrepresentation did not induce the claimant to enter the contract as he was unaware of it

Question 5

What is the case for the remedies of fraudulant misrep?

Answer 5

Doyle v Olby, damages are not applicable to misrepresentation since representation is not a term of a contract

Question 6

What is the case for the remedies of negligent misrep?

Answer 6

Royscott trust v rogerson, damages should be assessed on the basis of damages available in the tort of deceit principles