Misrepresentation

Question 1

With v Flannigan (1936)

Answer 1

Silence is not normally a misrepresentation exception for change of circumstances

Question 2

Bisset v Wilkinson (1927)

Answer 2

The statement must be of fact and not an honestly held statement of opinion or an honest statement of future intention.

Question 3

Derry v Peek (1889)

Answer 3

A false statement which the representor did not honestly believe to be true is a fraudulent misrepresentation.

The representee is entitled to rescission and damages