Misrepresentation

Question 1

Misrepresentation Act 1967

Answer 1

2(1) - Burden on D to prove reasonable grounds to believe // Damages // Dam for Innocent same as Fraudulent
2 (2): Judicial discretion to award dam in lieu of rescission
3: avoidance - need to pass reasonableness test

Question 2

Redgrave v Hurd 1881

Answer 2

Induced? - significant cause

Question 3

Car & Universal Finance v Caldwell 1965

Answer 3

Election to Rescind - ask police to find car

Question 4

Esso Petroleum v Mardon 1967

Answer 4

Not Opinion - Had Specialist Knowledge

Question 5

Royscot Trust v Rogerson 1991

Answer 5

s2(1) - Reliance Measure [dealer misstated figures - Innocent M - same damages as Fraudulent]

Question 6

William Sindall v CambridgeShire CC 1994

Answer 6

s2(2) - Bad Bargain - Damages Discretion

Existence of pipe unknown - caveat emptor

Question 7

JP Morgan v Springwell 2010

Answer 7

Avoiding Liability
S3 MIS ACT - UCTA S11 Reasonableness - substance of clause

Clause - not actionable statements - satisfy UCTA test

Question 8

AXA SUN LIFE SERVICES v Campbell Martin 2011

Answer 8

Avoiding Liability
CAN EXCLUDE - express excl clauses OR No representation/ no reliance clause
Here - Entire Agreement Clause - no effect on M
Fail UCTA reasonableness

Question 9

Hayward v Zurich Insurance Co Plc 2016

Answer 9

INDUCED = ‘impact on the mind’ + ‘influence on the judgement’
No need to believe representation was true
Witness Statement

Question 10

Shogun Finance v Hudson 2003

Answer 10

Mistake of Identity

Face to Face Presumption Rebuted - credit check