Misrepresentation Flashcards
What is a misrepresentation?
A false statement that occurs during the formation of a contract
What was held in Inntrepreneur Estates Ltd v Holland?
Misrepresentation is an “untrue statement”
What are the requirements for a misrepresentation?
- A false statement
- Of material fact
- Made by one of the parties
- Induces the other to enter into the contract
What are the requirements for a false statement?
It cannot be true and can be written, verbal, or conduct
What was held in Spice Girls v Aprilia World Service?
Conduct can be misrepresentation
What was held in Fletcher v Krell?
Silence cannot be a misrepresentation
What was held in With v O’Flannagan?
Where a statement is made false by a change in circumstances there is a duty to disclose the change
What was held in Dimmock v Hallett?
A mere ‘puff’ does not give rise to legal rights if it proves to be inaccurate
What was held in Tate v Williamson?
If there is a relationship of trust then silence can be a misrepresentation
What was held in Bisset v Wilkinson?
Unless there is fraud, a statement of opinion cannot be misrepresentation
What was held in Edgington v Fitzmaurice?
A statement of intention is misrepresentation if they have no intention of carrying it out
What was held in Attwood v Small?
There was no misrepresentation as the purchaser relied on a third party
What was held in Redgrave v Hurd?
There was a misrepresentation as the buyer was entitled to rely on the seller’s statement
