Misrepresentation and Mistake Cases Flashcards
What was the contract in Spice Girls v AWS?
○ Aprilia agreed to sponsor a world tour by the spice girls.
Aprilia would be entitled to
the right to sell a limited edition Spice Sonic scooter, access to the Spice Girls for one day to film a television commercial for the Spice Sonic scooter, the right to broadcast the commercial on MTV throughout Europe and the right to promote the Spice Sonic scooter in press advertising.
What did Aprilia make in Italy?
Motorbikes.
What did AWS have to pay?
£400,000 in three instalments, two were already paid.
What did the group know when signing the contract?
The Spice Girls were aware that H was leaving to pursue another career. Aprilia was unaware of this.
What did Aprilia do when discovering Halliwell was leaving?
Aprilia refused to pay either the third instalment or the advance against royalties.
What did SGL claim for breach of contract?
£212, 500.
What did Aprilia argue was a misrepresentation?
Induced into the contract based on the misrepresentation for the united front of the Spice Girls currently comprising the five members.
What did Aprilia argue there was no evidence of?
The Spice Girls, outside of Italy, making sales prosper.
Who won the case?
Aprilia.
What was AWS entitled to?
Damages and to rescind the contract, no longer have to pay the third instalment.
What was the judge Arden J wrong to have done?
To have ordered AWS to pay 10% of its own and SGL’s costs of the action.
In these circumstances we dismiss the appeal of SGL and allow the cross-appeal of AWS.
What was the order in Spice Girls case?
Appeal dismissed with costs, cross-appeal allowed with costs.
What rule derives from the Spice Girls case?
Once made, a representation has a continuing effect. If when it was continuing, the representor found it was now false, they have an obligation to correct it.
Also it was sufficient that the misrepresentation was a material inducement to enter into the contract, it did not have to be the only one.
What was SGL liable to AWS under?
s.2(1) Misrepresentation Act 1967.
What was the contract in Raffles v Wichelhaus?
- The claimant R offered to sell 125 bales of Surat cotton to the defendant W. This would be brought to Liverpool by a ship from Bombay, India.
What was Liverpool the port for?
Importing raw cotton.