Misrepresentation

Question 1

What is misrepresentation?

Answer 1

A false statement of fact or law which induces the representee to enter a contract

Question 2

A false statement of fact or law which induces the representee to enter a contract

Answer 2

Misrepresentation

Question 3

Misrepresentation can only occur during…

Answer 3

the formation of contract

Question 4

Bisset v Wilkinson 1927

Answer 4

Must be a statement of fact not an opinion

Question 5

Must be a statement of fact not an opinion

Answer 5

Bisset v Wilkinson 1927

Question 6

Smith v Land and House Property Corporation 1884

Answer 6

It is a fact that D holds an opinion, so it is only a misrepresentation if they lie about it

Question 7

It is a fact that D holds an opinion, so it is only a misrepresentation if they lie about it

Answer 7

Smith v Land and House Property Corporation 1884

Question 8

Edgington v Fitzmaurice 1885

Answer 8

A statement of future intention is not usually a fact unless there was no intention

Question 9

A statement of future intention is not usually a fact unless there was no intention

Answer 9

Edgington v Fitzmaurice 1885

Question 10

Smith v Hughes 1871

Answer 10

silence will not generally amount to a misrepresentation

Question 11

silence will not generally amount to a misrepresentation

Answer 11

Smith v Hughes 1871

Question 12

O’Flanagan 1936

Answer 12

Where a statement is rendered false by a change in circumstances there is a duty to disclose the change

Question 13

Where a statement is rendered false by a change in circumstances there is a duty to disclose the change

Answer 13

O’Flanagan 1936

Question 14

The Consumer Insurance Act 2012 replaced the consumer’s duty to volunteer information with what?

Answer 14

a duty to answer the insurer’s questions honestly and reasonably

Question 15

The Consumer Insurance Act 2012 replaced what with a duty to answer the insurer’s questions honestly and reasonably?

Answer 15

The consumer’s duty to volunteer information

Question 16

Rembrandt Enterprises 2018

Answer 16

• 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

Question 17

• 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

Answer 17

Rembrandt Enterprises 2018

Question 18

Attwood v Small 1838

Answer 18

A misrepresentation cannot be claimed for if C checked its accuracy, even if verification did not discover the misrepresentation

Question 19

A misrepresentation cannot be claimed for if C checked its accuracy, even if verification did not discover the misrepresentation

Answer 19

Attwood v Small 1838

Question 20

Spice Girls v Aprilia World 2000

Answer 20

The misrepresentation can take place by conduct if it hides anything that would influence the other’s decision

Question 21

The misrepresentation can take place by conduct if it hides anything that would influence the other’s decision

Answer 21

Spice Girls v Aprilia World 2000

Question 22

Fletcher v Krell

Answer 22

No obligation on a party to make any statement about what is being offered

Question 23

No obligation on a party to make any statement about what is being offered

Answer 23

Fletcher v Krell

Question 24

With half-truths, what is not said is a non-disclosure and can therefore be a misrepresentation

Answer 24

Dimmock v Hallett

Question 25

Dimmock v Hallett

Answer 25

With half-truths, what is not said is a non-disclosure and can therefore be a misrepresentation

Question 26

Tate v Williamson 1866

Answer 26

Silence may be a misrepresentation if the relationship between the two parties is based on trust

Question 27

Silence may be a misrepresentation if the relationship between the two parties is based on trust

Answer 27

Tate v Williamson 1866

Question 28

Redgrave 1881

Answer 28

• 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

Question 29

• 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

Answer 29

Redgrave 1881

Question 30

What is fraudulent misrepresentation?

Answer 30

The party makes a statement that they know is untrue, or is reckless as to whether or not it is true

Question 31

The party makes a statement that they know is untrue, or is reckless as to whether or not it is true

Answer 31

Fraudulent misrepresentation

Question 32

Case that demonstrates fraudulent misrepresentation

Answer 32

Kempton Investments 2016

Question 33

Kempton Investments 2016

Answer 33

Demonstrates fraudulent misrepresentation

Question 34

What is negligent misrepresentation?

Answer 34

A false statement made by a person who believed it was true, but had no reasonable grounds to do so

Question 35

A false statement made by a person who believed it was true, but had no reasonable grounds to do so

Answer 35

Negligent misrepresentation

Question 36

Case that demonstrates negligent misrepresentation

Answer 36

Howard Marine 1978

Question 37

Howard Marine 1978

Answer 37

Demonstrates negligent misrepresentation

Question 38

Negligent misrepresentation was created under what?

Answer 38

S.2(1) of the Misrepresentation Act 1967

Question 39

S.2(1) of the Misrepresentation Act 1967

Answer 39

Created negligent misrepresentation

Question 40

What is innocent misrepresentation?

Answer 40

A false statement made honestly as it was genuinely held by the party on reasonable grounds

Question 41

A false statement made honestly as it was genuinely held by the party on reasonable grounds

Answer 41

Innocent misrepresentation