Misrepresentation

Question 1

Bisset v Wilkinson - statement of opinion

Answer 1

• sheep farm
• estimated of how many sheep could fit on farm
• -person relied upon it
• wrong estimate
• not actionable as it was a statement of opinion

Question 2

Esso v Mardon-statement of opinion

Answer 2

• estimate of future sales
• -plans changed
• wrong estimate
• not actionable as it was a statement of opinion

Question 3

Smith v Land House property-stamen of opinion

Answer 3

• bought hotel
• most desirable
• however the tenant was bankrupt
• was actionable as was a statement fact

Question 4

Edington v Fitzmaurice- statement of intent

Answer 4

• bought shares into a business and was told this money would be used to expand the business
• but instead it was used to pay of debts
• this was actionable as they had no intend to use the money to expand

Question 5

Pankhania v Halkney - statement of law

Answer 5

• bought property

- 3 month notice was meant to be given-actionable under the analogy of case law

Question 6

Solle v Bucher - statement of law

Answer 6

• property was meant to be rented out for £140 but instead was rented out at £250
• this was actionable

Question 7

Smith v Hughes- silence

Answer 7

-old oats
- he got new oats
-seller didn’t say anything
not actionable

Question 8

Walters v Morgan-silence

Answer 8

• land
• produced a draft lease
• pressured into it
• then realised the value of the land
• however not actionable

Question 9

With v O’Flanagan - change of circumstances

Answer 9

• purchased property
• medical practise
• defendant became ill and patients went elsewhere
• actionable as he should have been told about the change of circumstance

Question 10

HIH Casual and general insurance v Chase manhatton-fiduciary relationship

Answer 10

• insurance company knew a lot more

- therefore actionable

Question 11

Dimmock v Hallet- half truth

Answer 11

• auction on land
• advertisement was wrong
• didn’t tell the full truth therefore was actionable

Question 12

Denny v Peek- fraud misrep

Answer 12

• this case defined fraud misrep
• knew it was false
• reckless
• actionable

Question 13

Whittington v Seale - innocent misrep

Answer 13

• bought stock (chickens)
• they were ill
• stock dies
• actionable as innocent misrep

Question 14

JED FASTERS V Broom - inducement

Answer 14

• inducement

- showed reliance

Question 15

Attwood v Small - reliance

Answer 15

• mines capacity was wrong

- relied upon statement

Question 16

Heldly Byre v Heller

Answer 16

• the significance is that it stated what is a fiduciary relationship.

Question 17

Howard marine v odgen - burden of proof

Answer 17

-actioable