LECTURE 2

Question 1

proving a misrepresentation

Answer 1

1. statement MUST be an ACT (can be words/deeds/conduct) e.g. Spice Girls/Norton Winks
2. of fact or law: got to be made by the representor to the representee (statement of fact part is NOT that difficult)

Question 2

proving a misrepresentation 2

Answer 2

• as a matter of easy findings, if you have a statement of something that is determinable/falsifiable , then we can say it is a statement of fact.
  e. g. ‘I am Sarah’: statement of fact, it is determinable
• distinguish between determinable clear statement of fact and sale marketing over exaggeration; not leading to a statement of fact.

Question 3

statement of fact

Answer 3

• sales talks ‘mere puffs’: statements intended to drive sales, will NOT be seen as statements of fact e.g. cant have statements of fact on matters of taste
• NEED TO MAKE THE DISTINCTION

Question 4

statement of fact

Answer 4

• statement of law can ALSO be grounds of misrepresentation
• got to be a statement about the current situation of law
• e.g. of misrep, accountants firm selling tax avoidance schemes: celebrities investing in schemes, making a statement that is LEGAL: could be a false statement of law, as it is about the exisiting situation under the current law
• X is the state of law and X is the state of finances
  SHOULD be able to claim where a false statement has been made.

Question 5

statements of opinion

Answer 5

• not generally actionable misrepresentations
• can be implied/expressed
• if you state something, impliedly representing that you hold that opinion but then contrast it: potentially actionable

OR
- if there is an unblance between representor and representee, e.g. one being an expert in their field

Question 6

Bissett V Wilkinson

Answer 6

• dispute over sale of land in NZ
• highly mountarious and used for sheep farming
• when selling farm land, you would put animals on, should ask about its carrying capacity
• how many animals per area e.g. acre
• neither person in the transaction had a clue about the CC
• they buyer asked and given estimate
• this was then wrong and CC was v low
• it was a statement of opinion… but was it actionable?
• NO mere opinion, not an expert and thus not actionable.