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Contract > Misrepresentation > Flashcards

Misrepresentation Flashcards

1
Q

Types of misrep

A

Fraudulent
Negligent
Innocent

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2
Q

Fraudulent case

A

Derry V peak

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3
Q

Fraudulent

A

D makes statement that they know is untrue or reckless as to it’s truth

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4
Q

Negligent case

A

Hedley burn V heller

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5
Q

Negligent explain

A

D makes statement they believe to be true but had no reasonable grounds for believing it’s true

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6
Q

Innocent case

A

Leaf V international gallery

With V o flannigan

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7
Q

Innocent explain

A

D makes statement they always believed to be true and had grounds for doing so

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8
Q

Needed

A

False statement
Mistruth by D to C not 3rd party
Representation not term
Reliance by C to enter contract

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9
Q

Mistruth induced C into contract

Reliance to enter contract case

A

Atwood V small

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10
Q

Can it be Formed by conduct

A

Yes

Spice girls V aprilla

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11
Q

Can it be formed by
Keeping quite when not asked

A

No
Fletcher V krell

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12
Q

Exceptions to silence not being a misrep

A

Conduct
Relationship between parties

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13
Q

Relationship between parties case

A

Tate V Williams

Misrep if stayed silence and have a prior relationship

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14
Q

What if true statement becomes false before contract is made

A

With V o flannigan

Misrep

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15
Q

Half true statement

A

Dimmock V Hallet - misrep

Unless mere puffery- to entice business

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16
Q

Opinion

A

Average person - not a misrep

Bisset V Wilkinson

Specialist = misrep
Esso V marden

17
Q

Concealing defect

A

Misrep

Schneider V health

18
Q

What if C believes a statement without taking reasonable steps to confirm it’s truth

A

Does not matter
Still is misrep even if reasonable steps are not taken
Redgrave V Hurd

19
Q

Fraud remedies

A

Recission and damages

20
Q

Negligent remedies

A

Recission and or damages

21
Q

What is Recission

A

Put parties back in pre contractaul position

22
Q

Innocent remedies

A

Recission or damages

23
Q

Fraud remedies case

A

Smith V scrimgeour

24
Q

Remedies once third party is involved

A

No Recission as unfair on 3rd party

Lewis V averay

25
Q

What if innocent party want to carry on contract

A

Do not have to recission

Long V Lloyd

26
Q

What if Recission cannot put parties into precontractaul position

A

Clarke V Dickinson

Not given

27
Q

Act for remedies

A

Misrep act 1967

28
Q

Misrep act 1967 Recission section

A

2.2

29
Q

Misrep act 1967 Recission section

A

2.2

Contract (18 decks)

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