Misrepresentation (cases) Flashcards
uninformed opinion
sheep farmland
Bissett v Wilkinson (1927)
must not contradict other facts known
hotel with desirable tenant
Smith v Land & House Property Corp (1884)
more likely to be an opinion if the giver is not better informed than the receiver.
petrol station
Esso Petroleum Ltd v Mardon (1976)
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.
Edgington v Fitzmaurice (1885)
A statement of fact does not include exaggerated advertising or vague boasts.
Dimmock v Hallett (1866)
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.
Pankhania v Hackney London Borough Council (2002)
There is no legal obligation to disclose a material fact known to them, to the other party.
Fletcher v Krell (1873)
You can misrepresent by conduct, even of you stay silent
R v Barnard (1837)
You can misrepresent by deliberately concealing defects, even if you stay silent
Gordon v Selico (1986)
You can misrepresent by giving a half-truth
Dimmock v Hallett (1866)
If the untrue statement of fact induces someone into entering the contract, then it is misrepresentation.
Bannerman v White (1861)
If the misrepresentation is not discovered because the chance to check it is declined, then the statement is still being relied upon.
Redgrave v Hurd (1881)
Where the representee tests the accuracy but fails to discover truth then it is not misrepresentation unless it is fraudulent.
Attwood v Small (1838)
You cannot rescind if it is impossible to do so.
Car & Universal Finance v Caldwell (1964)
An innocent party affirms the contract by indicating that they wish to continue and not rescind.
Long v Lloyd (1958)
Rescission may be lost if a sufficient period of time has passed.
Leaf v. International Galleries (1950)
There is recovery of all direct loss from relying on the fraudulent misrepresentation regardless of foreseeability
Doyle v Olby (1969)
A false statement made with no reasonable grounds for believing it to be true is negligent mis-statement.
Hedley Byrne v. Heller (1964)
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
Royscot v Rogerson (1991)
If there is innocent misrepresentation the contract is still voidable.
William Sindall Plc v Cambridgeshire CC (1994)
