Misrepresentation

Question 1

Fletcher v Krell

Answer 1

Wasn’t asked about marital status so didn’t have to tell

Question 2

With v O’Flanagan

Answer 2

Duty to update after losing patients and business less profitable

Question 3

Dimmock v Hallett

Answer 3

Tenants on land was a half truth as they’d given notice to leave

Question 4

Tate v Williamson

Answer 4

Breach of professional trust by not saying adviser was the buyer

Question 5

Lambert v Co Op Insurance

Answer 5

Duty to tell insurer about husband’s thefts

Question 6

Spice Girls v Aprilia

Answer 6

Showing up as a group of 5 was false when Geri was leaving

Question 7

Bisset v Wilkinson

Answer 7

Opinion not factual statement about farming sheep

Question 8

Edgington v Fitzmaurice

Answer 8

Not statement of future intent to improve buildings as never intended to

Question 9

Redgrave v Hurd

Answer 9

C relied on solicitor’s word about profits, a reasonable man would too

Question 10

Consumer Protection Amendment Regulations 2014

Answer 10

Traders hiding info or making it complicated is a false omission

Question 11

Clarke v Dickson

Answer 11

Couldn’t rescind limited company back to a partnership, impossible to undo

Question 12

Lewis v Averay

Answer 12

Couldn’t rescind car contract with fraudster after selling to a 3rd party

Question 13

Salt v Stratstone

Answer 13

Could rescind as he complained as soon as he found out car’s real condition

Question 14

Misrepresentation Act 1967

Answer 14

Allows damages for misrep as alternative to rescission. Only if bars don’t apply

Question 15

Derry v Peek

Answer 15

Share prospectus claim was not fraudulent as genuinely believed they’d get licence

Question 16

Howard Marine v Ogden

Answer 16

Checking ship register was negligent when D had actual ship documents

Question 17

Consumer Insurance Act 2012

Answer 17

Now no duty to disclose to insurer, just to answer honestly