Misrepresentation

Question 1

Fletcher v Krell - false statement

Answer 1

Silence cannot be a misrepresentation
(woman applied for job, did not state that she was divorced, no duty to disclose her marital status)
- No misrepresentation

Question 2

With v O’Flanagan

Answer 2

If statement becomes false before contract made, can be misrepresentation
(accurately stated profits, fell ill, many patients left the practice, didn’t tell purchaser)
- Misrepresentation

Question 3

Dimmock v Hallet

Answer 3

Silence can be a misrepresentation where statement made is half-truth
(seller told purchaser there were tenant on land, didn’t say tenants were leaving)
- Misrepresentation

Question 4

Tate v Williamson

Answer 4

Where relationship between parties based on trust, silence can be misrepresentation
(advised client to sell land for 1/2 value , advisor purchase land, didn’t tell client)
- Misrepresentation

Question 5

Lambert v Co-operative Insurance Society

Answer 5

Contract of’ utmost good faith’ then all material facts must be disclosed
(renewed jewellery insurance policy, did not tell that her husband was convicted of conspiracy to steal)
- Misrepresentation

Question 6

Spice Girls Ltd v Aprilia World Service BV

Answer 6

Statement does not have to written or verbal
(spice Girls had sponsorship agreement, Geri gave notice to leave
Held: all attended, no intent to leave)
- Misrepresentation

Question 7

Bisset v Wilkinson - Material Fact

Answer 7

must be statement of fact rather than opinion
(buyer asked how many sheep could fit, thought about 2000, false)
- No misrepresentation, genuinely believed

Question 8

Edgington v Fitzmaurice - Material Fact

Answer 8

Statement of future intention is not a fact
(claimant investing company, falsely stated it would complete alterations to buildings.
Paid of debt instead)
- Misrepresentation

Question 9

Attwood v Small - induces the other party to enter the contract

Answer 9

Statement must be important to person making contract
Relied on statement made rather than own judgment for misrepresentation
(full statement about earnings from mine, purchaser discovered statement to be untrue)
- No misrepresentation, relied on survey report

Question 10

Redgrave v Hurd

Answer 10

Untrue statement relied upon is enough to amount to misrepresentation
(seller verbally misled purchaser as to true earnings, didn’t look at account, relied on sellers statement)
- Misrepresentation

Question 11

Museprime Properties Ltd v Adhill Properties Ltd

Answer 11

what reasonable person would, or would not have done is irrelevant
(purchase a relied on an accurate statements, there was reliance)
- Possible misrepresentation

Question 12

misrepresentation omissions in consumer context

Answer 12

S.12 consumer rights act 2015
(trader has to provide certain information to consumer before contract becomes binding)