misrepresentation

Question 1

what is misrepresentation

Answer 1

one party has made a false statement of fact which has induced the other party to enter the contract

Question 2

intention of the parties (objective)

Answer 2

what were the intentions of both parties? did both parties have the same intention, did one party have a certain intention

Question 3

representation in writing

Answer 3

if the representation is in writing it is more likely to be a term

Question 4

skill and knowldege of the parties

Answer 4

Oscar chess v Williams

Dick Bentley v Harold Smith Motors

Question 5

opportunity to check statements

Answer 5

Ecay v Godfrey

Question 6

importance of giving the statement - more important is was the more likely it is to be a term

Answer 6

Bannerman v White

Question 7

timing
less time - term
more time - representation

Answer 7

Routledge v McKay

Question 8

actionable misrepresentation

Answer 8

false statement of fact - Bisset v Wilkinson

false misrepresentation through conduct - Spice Girls v Aprilia

failure to correct previous statement - With v O’Flanagan

half-truths - Curtis v Chemical Cleaning and Dyeing

opportunity to check but did not - Reedgrave v Hurd

Question 9

types of misrepresentation

Answer 9

fraudulent - misrepresentation made knowingly it was false or recklessly - Derry v Peck

non-fraudulent - s.2(1) Misrepresentation Act - no reasonable grounds to believe the misrepresemtation was true - Howard Marine & dredging v Ogden

innocent - reasonable grounds to believe it was true

Question 10

rescission - aims to put the claimant in the position that they were in before the false statement

bars to rescission …

Answer 10

affirmation - Long v LLoyd

lapse of time - Leaf v International Galleries

restitutio in integrum (when goods have been used or consumed) - Clarke v Dickson

third party interests - Crystal Palace FC LTD v Dowie