Misrepresentation

Question 1

What are the elements of Misrepresentation?

Answer 1

1) False statement
2) Of material fact
3) Made by a party to the contract
4) That induces other party to enter contract

Question 2

Explain False statement
- with cases

Answer 2

Must be a positive act (said or done)
- Fletcher v Krell

If half truth is misleading
- Dimmock v Hallett

Conduct can be representation
- Spice girls v Aprilla World Service

If initially true, become false, correctio mut be made
- With v O’Flanagan

Question 3

Explain Of Material Fact
- with cases

Answer 3

Statement must be fact, not opinion
- Bisset v Wilkinson

Question 4

Explain Made by party to the contract
- with cases

Answer 4

Part not liable for statements made by others unless they’re from an agent

Question 5

Explain induces Party to Enter Contract
- with cases

Answer 5

They must’ve relied on statement rather than their own judgement
- Atwood v Small

Question 6

What remedies are permitted for Misrepresentation?

Answer 6

Recission - equitable remedy, where parties are returned to positions from before contract was made

Question 7

When is Recission not allowed?

Answer 7

When pre contract position cant be restored
- Clarke v Dickson

When innocent party aware of misrepresentation but continues contract
- Long v Lloyd

When innocent third party would be affected
- Lewis v Avery