Misrep/misleading/deceptive Conduct

Question 0

Holmes v Jones

Answer 0

Statement calculated to induce entry - CLMisrep

Question 1

With v O’Flanagan

Answer 1

Misrepresentation common law

Material fact false at formation

Question 2

Redgrave v Hurd

Answer 2

Statement did induce entry

Question 3

Coastal Estates v Melevende

Answer 3

Affirms contract
Knowledge of untrue
Knowledge of right to rescind
Then can’t rescind

Question 4

Alarm v Kruger

Answer 4

Restitutio Impossible

Substantially restored to orig positions

Question 5

Leaf v International Galleries

Answer 5

Misrep

Rescission needs to happen in reasonable period of time

Question 6

Damages for misrepresentation

Answer 6

Fraud - deceit
Meg - neg mis
Inno - no, dick Bentley

Question 7

ACL s18

Answer 7

Stat bar on mislead/deceptive conduct

Note: requires trade or commerce, but not necessarily misrepresent

Question 8

ACL s2

Answer 8

Trade or commerce - within aust, rest of world

Definition of commerce

Question 9

Concrete Constructions v Nelson

Answer 9

Specific conduct of trade/commerce nature

Question 10

Accounting systems

Answer 10

Includes misleading conduct that continues after formation

Question 11

Campomar v Nike

Answer 11

Objective test, misleading or deceptive, segment of public

Question 12

Henjo

Answer 12

Half truth/silence may be misleading where reasonable disclosure expectation

Question 13

Butcher v Lachlan Elder Realty

Answer 13

Exclusion clauses pretty irrelevant

Question 14

Marks v GIO

Answer 14

Damages under statute - how worse off