Misrepresentation Flashcards
What is misrepresentation?
A false statement of fact or law which induces the representee to enter a contract
A false statement of fact or law which induces the representee to enter a contract
Misrepresentation
Misrepresentation can only occur during…
the formation of contract
Bisset v Wilkinson 1927
Must be a statement of fact not an opinion
Must be a statement of fact not an opinion
Bisset v Wilkinson 1927
Smith v Land and House Property Corporation 1884
It is a fact that D holds an opinion, so it is only a misrepresentation if they lie about it
It is a fact that D holds an opinion, so it is only a misrepresentation if they lie about it
Smith v Land and House Property Corporation 1884
Edgington v Fitzmaurice 1885
A statement of future intention is not usually a fact unless there was no intention
A statement of future intention is not usually a fact unless there was no intention
Edgington v Fitzmaurice 1885
Smith v Hughes 1871
silence will not generally amount to a misrepresentation
silence will not generally amount to a misrepresentation
Smith v Hughes 1871
O’Flanagan 1936
Where a statement is rendered false by a change in circumstances there is a duty to disclose the change
Where a statement is rendered false by a change in circumstances there is a duty to disclose the change
O’Flanagan 1936
The Consumer Insurance Act 2012 replaced the consumer’s duty to volunteer information with what?
a duty to answer the insurer’s questions honestly and reasonably
The Consumer Insurance Act 2012 replaced what with a duty to answer the insurer’s questions honestly and reasonably?
The consumer’s duty to volunteer information
Rembrandt Enterprises 2018
- If C would have entered into the contract without that term, they did not rely on it
- However, the term does not have to be the only or deciding factor
- If C would have entered into the contract without that term, they did not rely on it
- However, the term does not have to be the only or deciding factor
Rembrandt Enterprises 2018
Attwood v Small 1838
A misrepresentation cannot be claimed for if C checked its accuracy, even if verification did not discover the misrepresentation
A misrepresentation cannot be claimed for if C checked its accuracy, even if verification did not discover the misrepresentation
Attwood v Small 1838
Spice Girls v Aprilia World 2000
The misrepresentation can take place by conduct if it hides anything that would influence the other’s decision
The misrepresentation can take place by conduct if it hides anything that would influence the other’s decision
Spice Girls v Aprilia World 2000
Fletcher v Krell
No obligation on a party to make any statement about what is being offered
No obligation on a party to make any statement about what is being offered
Fletcher v Krell
With half-truths, what is not said is a non-disclosure and can therefore be a misrepresentation
Dimmock v Hallett
Dimmock v Hallett
With half-truths, what is not said is a non-disclosure and can therefore be a misrepresentation
Tate v Williamson 1866
Silence may be a misrepresentation if the relationship between the two parties is based on trust
Silence may be a misrepresentation if the relationship between the two parties is based on trust
Tate v Williamson 1866
Redgrave 1881
- Irrelevant that V could have taken reasonable steps or it was unreasonable to rely on the untrue statement
- The fact that it was relied upon is enough
- Irrelevant that V could have taken reasonable steps or it was unreasonable to rely on the untrue statement
- The fact that it was relied upon is enough
Redgrave 1881
What is fraudulent misrepresentation?
The party makes a statement that they know is untrue, or is reckless as to whether or not it is true
The party makes a statement that they know is untrue, or is reckless as to whether or not it is true
Fraudulent misrepresentation
Case that demonstrates fraudulent misrepresentation
Kempton Investments 2016
Kempton Investments 2016
Demonstrates fraudulent misrepresentation
What is negligent misrepresentation?
A false statement made by a person who believed it was true, but had no reasonable grounds to do so
A false statement made by a person who believed it was true, but had no reasonable grounds to do so
Negligent misrepresentation
Case that demonstrates negligent misrepresentation
Howard Marine 1978
Howard Marine 1978
Demonstrates negligent misrepresentation
Negligent misrepresentation was created under what?
S.2(1) of the Misrepresentation Act 1967
S.2(1) of the Misrepresentation Act 1967
Created negligent misrepresentation
What is innocent misrepresentation?
A false statement made honestly as it was genuinely held by the party on reasonable grounds
A false statement made honestly as it was genuinely held by the party on reasonable grounds
Innocent misrepresentation
