misrepresentation Flashcards

1
Q

what is misrepresentation concerned about

A

a false statement of material fact by a party that induces the other party

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2
Q

with v O’flannagan

A

a statement that becomes false through a change of circumstances since it being made is a misrepresentation

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3
Q

silence can be a misrepresenatation

A

Dimmock v hallot

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4
Q

fletcher v krell

A

failure to disclose material is not normally considered a false statement

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5
Q

tate v williams

A

when the relationship between parties is built on trust, silence is a misrepresentation

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6
Q

Lambert v Co operative insurance

A

insurance contracts are contarcts of upmost good faith and duty to disclose all relevant facts relating to liability

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7
Q

edgington v fitzmaurice

A

the false statement must be relevant in inducing them into the contract ut does not have to be the only reason

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8
Q

spice girls ltd v aprilla

A

statement does not have to be writren or verbal, could be anything that would influence others desicion

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9
Q

attwood v small

A

statement must be important to a person making contract they must have relied on statement rather than own judgment or info they obtained

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10
Q

redgrave v hurd

A

untrue statement was relied upon is enough ti amount to misrepresentation

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11
Q

museprime properties v adhill

A

whatever a reasonabe person did or didnt do is irrelevanrt

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12
Q
A
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