lecture 8

Question 1

proof under misrepresentation act

Answer 1

under s.2 once claimant proved misrepresentation, then burden of proof is reversed. defendant must prove his statement was not negligible

Question 2

proof under tort action

Answer 2

claimant is one who needs to prove there was duty of care,and the duty was breached, and they suffered as a result, and the loss was reasonably foreseeable

Question 3

damages for fraudulent misrep

Answer 3

damages for tort of deceit

Question 4

damages for negligent misrep

Answer 4

damages in tort

Question 5

damages for negligent misrep under statute

Answer 5

damages under s.2(1) of Misrep Act 1967

Question 6

damages for innocent misrep

Answer 6

s.2(2) of Misrep act 1967 in lieu of rescission at courts discretion

Question 7

reliance interest

Answer 7

damages for misrep calculated using tort measure, put claimant in position held before wrong was committed

Question 8

expectation interest

Answer 8

damages for breach of contract put claimant in position they would have held if contract performed as agreed

Question 9

distinguishing between term and representation

Answer 9

1.importance of statement to parties
2.the knowledge and skill of party making the statement
3.written agreement- any statement made in negotiation which appears in written contract will usually be regarded as a term, any not included is representation

Question 10

remedies under Consumer protection in UTR 2008 for misrep

Answer 10

right to unwind contract
get a full refund
right to discount
right to damages

Question 11

non reliance clauses

Answer 11

prevent subsequent claim for misrep where one party states that they did not rely on reps or statements made by other party

Question 12

mistake as to identity

Answer 12

one party is mistaken as to the identity of the other party and the other party knows of it
a genuine mistake as to the identity of the other party renders contract void

Question 13

mistake as to attributes

Answer 13

mistake of attributes of other party leaves the contract intact (Kings Norton Metal Co Ltd v Edridge Merrett & Co)

Question 14

unilateral mistake involving mistaken identity

Answer 14

intention to contract with someone else - void
mistake as to persons attributes - valid

Question 15

Lewis v Averay (1972)

Answer 15

contract valid as it was wrong on attributes as was face to face