Misrepresentation

Question 1

Principle of law in case of Walters v Morgan

Answer 1

held by judge that ‘nod, wink, a shake of the head or smile’ would be considered as statements

Question 2

Principle of law in case of Fletcher v Krell

Answer 2

Silence cannot be misrepresentation

Question 3

POL in case of Dimmock v Hallet

Answer 3

part truth amounts to falsehood

Question 4

POL in case of Tate v Williamson

Answer 4

Where relationship between the parties is based on trust and they rely upon that trust

Question 5

POL in case of Lambert V Co-op insurance

Answer 5

must disclose correct information to insurers, failure to do so can void the contract

Question 6

POL in case of With v O’Flanagan

Answer 6

when there is a change of circumstances the other party must be informed before the contract is made

Question 7

POL in case of Spice Girls Ltd v Aprilia

Answer 7

statements can be written or verbal but can also be by conduct

Question 8

POL in case of Bisset v Wilkinson

Answer 8

honest opinion of a seller is not considered as statement of fact so cannot be misrepresentation

Question 9

POL in case of Smith v Land House

Answer 9

If person giving opinion has great skill and knowledge then it will be a statement of fact so sueable

Question 10

POL in case of Edgington v Fitzmaurice

Answer 10

If statement about future made and you know it isn’t true when you make it then it will be misrep