Misrepresentation (cases)

Question 1

uninformed opinion
sheep farmland

Answer 1

Bissett v Wilkinson (1927)

Question 2

must not contradict other facts known
hotel with desirable tenant

Answer 2

Smith v Land & House Property Corp (1884)

Question 3

more likely to be an opinion if the giver is not better informed than the receiver.
petrol station

Answer 3

Esso Petroleum Ltd v Mardon (1976)

Question 4

A statement of future intention is not generally a statement of fact. Unless the person has no such intention to perform the action in the future.

Answer 4

Edgington v Fitzmaurice (1885)

Question 5

A statement of fact does not include exaggerated advertising or vague boasts.

Answer 5

Dimmock v Hallett (1866)

Question 6

In theory no-one can be misled as to what the law is because everyone is presumed to know the law. However, if the law is misrepresented (incorrectly) it is actionable.

Answer 6

Pankhania v Hackney London Borough Council (2002)

Question 7

There is no legal obligation to disclose a material fact known to them, to the other party.

Answer 7

Fletcher v Krell (1873)

Question 8

You can misrepresent by conduct, even of you stay silent

Answer 8

R v Barnard (1837)

Question 9

You can misrepresent by deliberately concealing defects, even if you stay silent

Answer 9

Gordon v Selico (1986)

Question 10

You can misrepresent by giving a half-truth

Answer 10

Dimmock v Hallett (1866)

Question 11

If the untrue statement of fact induces someone into entering the contract, then it is misrepresentation.

Answer 11

Bannerman v White (1861)

Question 11

If the misrepresentation is not discovered because the chance to check it is declined, then the statement is still being relied upon.

Answer 11

Redgrave v Hurd (1881)

Question 12

Where the representee tests the accuracy but fails to discover truth then it is not misrepresentation unless it is fraudulent.

Answer 12

Attwood v Small (1838)

Question 13

You cannot rescind if it is impossible to do so.

Answer 13

Car & Universal Finance v Caldwell (1964)

Question 14

An innocent party affirms the contract by indicating that they wish to continue and not rescind.

Answer 14

Long v Lloyd (1958)

Question 15

Rescission may be lost if a sufficient period of time has passed.

Answer 15

Leaf v. International Galleries (1950)

Question 16

There is recovery of all direct loss from relying on the fraudulent misrepresentation regardless of foreseeability

Answer 16

Doyle v Olby (1969)

Question 17

A false statement made with no reasonable grounds for believing it to be true is negligent mis-statement.

Answer 17

Hedley Byrne v. Heller (1964)

Question 18

The burden of proof is on the person that made the misrepresentation, and the damages may be more because under the tort of negligence liability is limited to reasonably foreseeable loss

Answer 18

Royscot v Rogerson (1991)

Question 19

If there is innocent misrepresentation the contract is still voidable.

Answer 19

William Sindall Plc v Cambridgeshire CC (1994)