misrepresentation Flashcards
what is misrepresentation concerned about
a false statement of material fact by a party that induces the other party
with v O’flannagan
a statement that becomes false through a change of circumstances since it being made is a misrepresentation
silence can be a misrepresenatation
Dimmock v hallot
fletcher v krell
failure to disclose material is not normally considered a false statement
tate v williams
when the relationship between parties is built on trust, silence is a misrepresentation
Lambert v Co operative insurance
insurance contracts are contarcts of upmost good faith and duty to disclose all relevant facts relating to liability
edgington v fitzmaurice
the false statement must be relevant in inducing them into the contract ut does not have to be the only reason
spice girls ltd v aprilla
statement does not have to be writren or verbal, could be anything that would influence others desicion
attwood v small
statement must be important to a person making contract they must have relied on statement rather than own judgment or info they obtained
redgrave v hurd
untrue statement was relied upon is enough ti amount to misrepresentation
museprime properties v adhill
whatever a reasonabe person did or didnt do is irrelevanrt