Misrepresentation Case Cards

Question 1

Bisset v Wilkinson

Answer 1

Misrep. Cannot be an opinion/belief/puff. Sale of land in Mew Zealand, gave figure for estimate of sheep to be held on land. Estimate off.

Question 2

Commercial Banking of Sydney v Brown

Answer 2

Misrep must be addressed to misled party. Asked bank as to potential buyers credit rating. bank lied.

Question 3

Smith v Eric Bush

Answer 3

Misrep must induce you to enter into contract. Mortgage company sent surveyor and then afterwards the chimney collapsed.

Question 4

Horsefall v thomas

Answer 4

If you have no knowledge of Msirep then can’t rely on it. Bought gun without seeing it, didn’t know of misrep.

Question 5

Atwood v Small

Answer 5

If you go through with contract knowing about misrep, you are bound. Bought Mine knowing figures were a lie. Couldn’t go back on it.

Question 6

Derry v Peek

Answer 6

Innocent Misrep. Company said horse tram would switch to steam tram on consent by city. D bought shares. Didn’t go through. They honestly believed that they would get permission.

Question 7

Newbigging v Adams

Answer 7

Innocent Misrep’s damages is by common law rescission

Question 8

Hedley Byrne v Heller

Answer 8

Negligent Misrep; Duty of Care; Specialized Knowledge. Advertisement firm wanted to know if company could pay debts; asked bank. Bank lied. Bank was in a position of responsibility.

Question 9

Esso v Marden

Answer 9

Negligent Misrep. gas station would sell 200K actually sold 60k. Esso was in better position to know figures.

Question 10

Spice Girls v Aprila

Answer 10

all 5 did advertisement. then one of them leaves. Actionable Misrep

Question 11

Howard Marine v Ogden

Answer 11

Fiction of Fraud Misrep Act. Hire of 2 barges. Asked capacity. given wrong figures. Actionable Misrep.

Question 12

East v Maurer

Answer 12

Fraudulent Misrep; Tort of Deceit. give back full compensation for losses suffered. M owned two salons and sold 1 to E saying he was retiring. He didn’t and took all the clients.

Question 13

Universal Finance v Caldwell

Answer 13

Rescind contract; X gets back from y the value that Y obtained and X gives back benefit. C sold car to rogue and tried everything to rescind.

Question 14

Long v Lloyd

Answer 14

Affirmation of contract. Sold Laurie that wasn’t good. Asked for more $ for repairs and was given. He and affirmed.

Question 15

Leaf v International Galleries

Answer 15

Lapse of Time. Bought a painting by Constable. 5 years later is wasn’t a constable. Not actionable.

Question 16

Royscott Trust v Rogerson

Answer 16

Misrep Act assessed of Tort of Deceit. finance company gave wrong info as to quantity of deposits. Damages under Misrep Act

Question 17

Klienwort Bensen

Answer 17

Must be a statement of Fact

Question 18

Pakhania

Answer 18

Representation as to Law

Question 19

Smith New Court Securities Ltd v Citibank N.A

Answer 19

Damages from Fraudulent Misrep Under Tort of Deceit
1)payments for all damages, which flow directly from the transaction, they could get back all the money that’s been paid. 2) the goal is to give full compensation for all the losses that have been suffered.