Misrepresentation Flashcards
Opinion doesn’t amount to statement of fact
Bissett v wilkinson 1927
Bissett
Sheep in field
Silence as misrepresentation
Half truths r v lord kylsant
Change of circumstances with v o flannagan
Did the representee know of misrepresentation
Horsfall v Thomas
Did representee rely upon own investigations
Atwood v small
Was the representee influenced by misrepresentation
Smith v Chadwick
Did the representee have opportunity of establishing the truth
Redgrave v hard
Types of misrepresention
Innocent
False statement which had reasonable grounds to be believed
Oscar chess ltd v Williams
Negligent
Believes it true but no reasonable grounds
Fraudulent
Did not believe it to be true
Can rescind contract
By Informing or asking the court
Damages
Put person is position before contract
Define
A false statement of fact made by one party addressed to the other which induces the other into a contract