Misrepresentation and Duress

Question 1

What is misrepresentation

Answer 1

An unambiguous false statement made prior to the contract which results in the claimant to enter the contract and causes loss/ damage to the claimant

Question 2

is silence or leaving out info misrepresentation?

Answer 2

NO
Keates v Earl of Cadogan
- defendant let a house knowing the claimant wanted it for immediate occupation
- However the defendant did not tell claimant house was in terrible condition and inhabitable

Question 3

Misrepresentation: Specialist knowledge on a topic

Answer 3

Esso v Mardon
- esso advised mardon on the estimated annual revenue of a petrol station he decided to lease
- Esso had expertise in estimating potential sales so since the estimate did not match he was held to “ a statement of fact”