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Law- Paper 3 section B > Misrepresentation > Flashcards

Misrepresentation Flashcards

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1
Q

What is vitiating

A

Destroy or impair legal validity

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2
Q

When will misrepresentation occur

A

During the formation of a contract

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3
Q

What are misrepresentations

A

False statements which influenced a decision on whether or not to make a contract

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4
Q

When there is a misrepresentation, what does it mean that the contracts is valid but voidable

A

The person who suffers from the misrepresentation has the option to take action but they don’t have to

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5
Q

What does voidable mean

A

The contract can either be affirmed or
rejected by one of the parties due to a vitiating factor

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6
Q

What is meant by rescission

A

When the innocent party ends the contract because of a misrepresentation.
Recission makes the contract a nullity

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7
Q

What is meant by restitutio in integrum

A

Put back in the position they were in before the contract was made

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8
Q

What are the 4 misrepresentation requirements

A

False statement, material fact, made by a party to the contract and induces the other party to enter the contract

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9
Q

What form of statement can be false

A

Written or verbal

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10
Q

What is meant by a false statement

A

The statement is false or not accurate

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11
Q

Why does the persons knowledge effect a false statement

A

The extent of a person’s knowledge
of the accuracy of the statement when
it is made defines the type of misrepresentation

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12
Q

Can hiding a fault be considered a misrepresentation

A

Yes

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13
Q

What case states hiding a fault can be misrepresentation

A

Gordon v Selico

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14
Q

Can silence amount to a false statement

A

No

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15
Q

What case would you use for silence does not amount to false statement

A

Fletcher v Krell

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16
Q

What case would you do for a false statement can occur through conduct

A

Spice Girls v Aprilia

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17
Q

What case states part truths can be false statements

A

Dimmock v Hallett

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18
Q

What case would you use for a statement becoming false before the contract is made is a false statement

A

With v O’Flanagan

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19
Q

What case states that in a fiduciary relationship, silence can be a
misrepresentation

A

Tate v Williamson

20
Q

What case states when the contract is of utmost good faith, then all material facts must be disclosed

A

Lambert v Co-op insurance society

21
Q

What does the consumer insurance act 2012 state

A

Questions must be clear and specific and the consumer must take reasonable care not to make a misrepresenattion

22
Q

What does material fact mean

A

It must be a statement of fact rather than opinion

23
Q

What happens in material fact if the D has special knowledge in that area

A

What they say will be taken as a statement of fact

24
Q

What case would you use for material fact

A

Bisset v Wilkinson

25
Q

What is a statement of intention

A

A promise to do something in the future

26
Q

Is a statement of intention a statement of fact

A

Generally no

27
Q

Who must the statement be made by

A

A party to the contract, including agents

28
Q

What is induces the other party into entering the contract

A

The other partied relied on that statement when entering the contract, must be a critical decision

29
Q

What case would you use for induces the other party to enter the contract

A

Attwood v small

30
Q

What case states you are bale to rely on a verbal statement as a part of induces the other party to enter the contract

A

Redgrave v Hurd

31
Q

What does s12 consumer rights act 2015 state

A

Pre contract information for supply
of goods where a trader must provide certain information to the consumer before the contract becomes binding

32
Q

What are the 3 types of misrepresentation

A

Fraudulent
Negligent
Innocent

33
Q

What is fraudulent misrep

A

When a person induces the contract
by making a statement that they know is untrue

34
Q

What remedies do you use for fraudulent misrep

A

Rescission and/ or damages

35
Q

What case do you use for fraudulent misrep

A

Greenridge Luton

36
Q

What is negligent misrep

A

This is a false statement made by a
person who believed the statement was
true, but had no reasonable grounds for
believing it to be true

37
Q

What is the remedy for negligent misrep

A

Rescission and damages

38
Q

What case do you use for negligent misrep

A

Howard Marine v Ogden and Sons

39
Q

What is innocent misrep

A

A representation which genuinely held on
reasonable grounds

40
Q

What is the remedy for innocent misrep

A

Rescission or damages

41
Q

When is rescission not available

A

Original position is impossible
Contract is confirmed
Delays
Third party has gained rights

42
Q

What case do you use for original position is impossible for rescission

A

Clarke v Dickson

43
Q

What case do you use for contract is confirmed for rescission

A

Long v Lloyd

44
Q

What case do you use for delays for rescission

A

Leaf v International galleries

45
Q

What case do you use for third party has gained rights in rescission

A

Lewis v Avery

Law- Paper 3 section B (16 decks)

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