Misrepresentation

Question 1

Redgrave v Hurd [1881]

Baggallay LJ the ‘representation once made relieves the party from an investigation’

Question 2

Spice Girls v Aprilia [2002]

non-verbal misrepresentation

Question 3

Banque Keyser Ullman v Skandia (UK) Insurance [1990]

must make a positive statement

Question 4

Edgington v Fitzmaurice [1885]

‘a man’s mind is as much a fact as the state of his digestion’

Question 5

Smith v Land and House Property [1884]

Bowen LJ ‘where the facts are equally well known to both parties, what one of them says to the other is frequently nothing but an expression of opinion … But if the facts are not equally known to both sides…’

Question 6

Bisset v Wilkinson [1927]

untried sheep farm in NZ.Derry v Peek [1889] – proving that a misrep is ‘fraudulent is near impossible

Question 7

Oscar Chess v Williams [1957]

car dealer was in at least as good a position to discover the car’s true age as the private seller

Question 8

Dick Bentley v Harold Smith [1965]

the misrepresentation was a ‘term’ due to dealers better knowledge

Question 9

Esso Petroleum v Mardon [1976]

pre-MA1967 statement about petrol sales by Esso expert – a term

Question 10

With v O’Flanagan (1936)

sale of a medical practice – change of facts before sale completed

Question 11

Howard Marine v Ogden [1978]

s2(1) defence - barges’ documentation v Lloyd’s register

Question 12

Royscott v Rogerson [1991]

s2(1) representor is liable for damages as if they were fraudulent even though they were not

Question 13

Sindall v Cambridgeshire CC [1994]

Hoffmann LJ obiter on s2(2)

Question 14

Salt v Stratstone [2015]

Court of Appeal allowed rescission; ‘practical justice’ could be achieved by compensating the representor who could prove depreciation or use’

Question 15

First Tower v CDS (Superstores International) [2018]

‘no-reliance’ clauses caught by s3