misrepresentation

Question 1

untrue statement

Answer 1

Spice Girls Ltd v Aprilia World Service

Question 2

silence:
a purchaser is required to ask questions about important matters if necessary - the seller is not expected to volunteer information that may put the buyer off

Answer 2

(Fletcher v Krell)

Question 3

exceptions to silence
(utmost good faith)

Answer 3

International Management Group v Simmonds)

Question 4

exceptions to silence
(statement is true when it is made, but circumstances change so the statement is no longer true)

Answer 4

(With v O’Flanagan) - keeping silent about a change of circumstances can amount to a misrepresentation

Question 5

exceptions to silence
(a statement which in itself is true but distorts the whole situation because of what is left unsaid, amounts to misrepresentation)

Answer 5

(Dimmock v Hallett)

Question 6

the statement must be of fact

Answer 6

(Bissett v Wilkinson)

Question 7

what looks like an opinion will be considered a statement of fact

Answer 7

Edgington v Fitzmaurice)

Question 8

where facts are not equally known to both sides, a statement of opinion by the one-party who knows the facts best involves very often a statement of material fact

Answer 8

(Smith v Land and House Property Corporation)

Question 9

inducement into the contract

Answer 9

Attwood v Small

Question 10

the misrepresentation does not need to be the only reason why the innocent party entered into the contract

Answer 10

Edgington v Fitzmaurice

Question 11

fraudulent misrepresentation

Answer 11

Derry v Peek