misrepresentation

Question 1

What is a misrepresentation?

Answer 1

A misrepresentation makes a contract voidable. This means it is valid unless the person who has suffered the misrepresentation takes action to end the contract.

Question 2

What 4 things must there be for a misrepresentation?

Answer 2

• a false statement
• material fact
• made by a party to the contract
• includes the other party to enter the contract

Question 3

Fletcher v Krell

Answer 3

silence can not be a misrepresentation

Question 4

With v O’Flanagan

Answer 4

a statement can be true initially but become a misrepresentation by the time of making the contract

Question 5

Tate v Williamson

Answer 5

where the relationship between the parties is based on trust then silence may be a misrepresentation

Question 6

Dimmock v Halley

Answer 6

silence can be a misrepresentation where a statement is made a half truth

Question 7

Spice Girls LTD v Aprillia

Answer 7

actions can be a statement

Question 8

The Consumer Insurance (disclosure and representations) Act 2012

Answer 8

a consumer need not volunteer information but has a duty to answer questions honestly and reasonably

Question 9

What is a material fact?

Answer 9

• a statement must influence the mind of the person making the contract

Question 10

Basset v Wilkinson

Answer 10

must be a statement of fact not opinion

Question 11

Edington v Fitzmaurice

Answer 11

a statement of intention is a promise to do something in the future. This is not a statement of fact unless the person making the statement has no intention of carrying out

Question 12

Example of ‘made by a party to the contract’

Answer 12

A review of an item cannot be a misrepresentation

Question 13

section 12 Consumer Rights Act 2015

Answer 13

• the trader has to provide certain information before the contract becomes binding
• it is considered to be misleading when a trader deliberately misses out key information that the consumer might need to make an informed decision

Question 14

What act did Innocent Misrepresentations comes from, what is it and what remedy would be awarded?

Answer 14

• The Misrepresentation Act 1967
• When a false statement has been made honestly
• Recission or damages

Question 15

What is negligent misrepresentation

Answer 15

a false statement that has been made by a person who believes it to be true but has no reasonable grounds to believe it to be true

Question 16

what is a Fraudulent Misrepresentation

Answer 16

a misrepresentation made by a person who knows it is not true