Misrepresentation

Question 1

Define misrepresentation

Answer 1

A false statement made either knowingly or unknowingly which was relied upon by the claimant who went ahead and contracted with the respective party

Question 2

3 scenarios and case law where misrepresentation can be held

Answer 2

1. It need not be the main reason parties enter in to a contract - Edgington v Fitzmaurice - debenture bonds were bought, deceit
2. Opportunity to find out is irrelevant Redgrave v Hurd - no duty to verify a representation even when there is an invitation to do so
3. When it is an opinion - Bisset v Wilkinson - not an expert and provided an opinion therefore not misrepresented

Question 3

Spice girls v Aprilla?

Answer 3

Silence - they did not inform Aprillia that one member had left the group and so they had misrepresented them even though there were five members at the time of the agreement

Question 4

Dimmock v Hallett 1866

Answer 4

In selling some land the defendant advised that all of the farms were under tenancy, which was factually true but failed to advise tenants had given notice to vacate their land.

Question 5

What are the different types of misrepresentation

Answer 5

Innocent
Fraud
Negligence - Heller 1964 - duty of care when taking advice from somebody

Question 6

Walker v Boyle

Answer 6

If exclusion clauses are broad, they are unreasonable

Question 7

Remedies for misrepresentation

Answer 7

Rescission or damages