Misrepresentation Flashcards

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1
Q

Misrepresentation

A

A false statement of material fact made by a party to the contract which induces the other party to enter a contract

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2
Q

4 part test for misrep

A
  1. False statement
  2. Material fact
  3. Made by party to contract
  4. Induces other party to enter
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3
Q

False statement

A

Must be untrue or inaccurate
Usually written or verbal, doesnt have to be Gordan v Selico
Complete silence cannot be misrep

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4
Q

Case for person is not obliged to make a statement about what is offered

A

Fletcher v Krell

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5
Q

False info

A

Must be corrected if the situation changes before acceptance

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6
Q

Case for false info

A

With v O’Flanagan

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7
Q

Half truth

A

Silence can be misrep if it is half truth

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8
Q

Case for part truth

A

Dimmock v Hallett

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9
Q

Case for relationship based on trust

A

Tate v Williamson

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10
Q

Case for utmost good faith

A

Lambert v Co-op

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11
Q

Case for misrep by conduct

A

Spice girls v Aprilia

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12
Q

Material fact

A

Would have led a reasonable person to make the contract and influence C to enter
Must be of fact not opinion

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13
Q

Case for opinion

A

Bisset v Wilkinson

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14
Q

Case for future intention

A

Future intention not a fact and not misrep

Edgington v Fitzmaurice

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15
Q

Made by party to a contract

A

Only parties and agents to contract liable

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16
Q

Induces other party to enter

A

Must have left other person to contract
Statement must be relied upon by person entering contract

17
Q

Case for inducing other party

A

Attwood v Small

18
Q

C could have discovered truth by taking reasonable steps case

A

Redgrave v Hurd

19
Q

Omissions in consumer context

A

S.12 of CRA2015- if there is a change to pre contractual info must be expressly agreed between parties
CPR2014- deliberately missing out key info or hiding it in an unclear manner

20
Q

Types of misrep

A

Innocent
Negligent
Fraudulent

21
Q

Innocent misrepresentation

A

False statement made honestly
Must have had reasonable and genuine belief statement was true

22
Q

Remedy available for innocent misrep

A

Rescission

23
Q

When is rescission unavailable in innocent misrep

A

Returning parties to pre contractual position is impossible (Clarke v Dickson)
Contract is affirmed
Delay (Leaf v International Galleries)
Third party gained rights(Lewis v Averay)

24
Q

Negligent misrepresentation

A

False statement made by a person who has no grounds to believe it was true

Howard Marine v Ogden

25
Q

Remedies for negligent misrep

A

Rescission and damages
C can claim for both

26
Q

Fraudulent misrep

A

False statement you know is not trye
Derry v Peek- statement which the person making it knows to be untrue or is reckless as to whether it is untrue or not

27
Q

Remedies for fraudulent misrep

A

Rescission and damages
C can claim for both
Court aims to put C in pre contractual position