Misrepresentation Case Cards Flashcards
Bisset v Wilkinson
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.
Commercial Banking of Sydney v Brown
Misrep must be addressed to misled party. Asked bank as to potential buyers credit rating. bank lied.
Smith v Eric Bush
Misrep must induce you to enter into contract. Mortgage company sent surveyor and then afterwards the chimney collapsed.
Horsefall v thomas
If you have no knowledge of Msirep then can’t rely on it. Bought gun without seeing it, didn’t know of misrep.
Atwood v Small
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.
Derry v Peek
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.
Newbigging v Adams
Innocent Misrep’s damages is by common law rescission
Hedley Byrne v Heller
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.
Esso v Marden
Negligent Misrep. gas station would sell 200K actually sold 60k. Esso was in better position to know figures.
Spice Girls v Aprila
all 5 did advertisement. then one of them leaves. Actionable Misrep
Howard Marine v Ogden
Fiction of Fraud Misrep Act. Hire of 2 barges. Asked capacity. given wrong figures. Actionable Misrep.
East v Maurer
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.
Universal Finance v Caldwell
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.
Long v Lloyd
Affirmation of contract. Sold Laurie that wasn’t good. Asked for more $ for repairs and was given. He and affirmed.
Leaf v International Galleries
Lapse of Time. Bought a painting by Constable. 5 years later is wasn’t a constable. Not actionable.
Royscott Trust v Rogerson
Misrep Act assessed of Tort of Deceit. finance company gave wrong info as to quantity of deposits. Damages under Misrep Act
Klienwort Bensen
Must be a statement of Fact
Pakhania
Representation as to Law
Smith New Court Securities Ltd v Citibank N.A
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.
