Misrepresentation Flashcards

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1
Q

Opinion doesn’t amount to statement of fact

A

Bissett v wilkinson 1927

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2
Q

Bissett

A

Sheep in field

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3
Q

Silence as misrepresentation

A

Half truths r v lord kylsant

Change of circumstances with v o flannagan

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4
Q

Did the representee know of misrepresentation

A

Horsfall v Thomas

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5
Q

Did representee rely upon own investigations

A

Atwood v small

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6
Q

Was the representee influenced by misrepresentation

A

Smith v Chadwick

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7
Q

Did the representee have opportunity of establishing the truth

A

Redgrave v hard

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8
Q

Types of misrepresention

A

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

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9
Q

Can rescind contract

A

By Informing or asking the court

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10
Q

Damages

A

Put person is position before contract

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11
Q

Define

A

A false statement of fact made by one party addressed to the other which induces the other into a contract

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