misrep Flashcards
misrepresentation is a
vitiating factor which can make the contract voidable allowing the innocent party to rescind the contract in a recission. Common law and statute law applys.
when does it occur
occurs when a false statement of material fact induces the other party into entering the contract.
how many types are there
three fraudulent negligent and innocent
what is false statement of material fact
something that is not true
can silence be false statement of material fact
silence cannot be a false statement of material fact Fletcher v krill unless the representative stays silent when something true becomes untrue With v O flanagan
can a half truth be misrepresentation
a half truth can be misrepresentation Dimmock v Hallet, it cannot be an opinion Bisset v Wilkingson and conduct/circumstances/words can be misrepresentation spice girls v aprillia.
the false statement must be made by
one of the parties to the contract not a third party
the false statement must
induce the other party into entering the contract avon insurance v swire but it doesnt need to be the only reason for entering the contract edington v fitzmaurice.
what is fraudelent and its remedies
knowlingly or recklessly wrong Derry v peek the remedy is recission or damages in the tort of deceit East v Maurer
what is negligent and its remedies
negligent carelessly wrong hedly bryne v heller under s.2(1) of the misrepresentation act 1967 once theyve proven there has been a misrep the burden of proof is on the person making the statement that there was reasonable grounds to believe the statement was true. The remedy is recission/damges east v maurer and s.2(2) of the misrep act
what is innocent and its remmedies
honestly wrong s.2(1) of the misrepresentation act. The remedy is recission or damages s.2(2). recission will not e awarded if it is impossible
