Misrepresentation- Misrepresentation + false statement Flashcards
When does misrepresentation occur?
-During the formation of a contract
What is meant by a misrepresentation?
-A false statement of material fact made by a party to the contract that induces the other party into the contract.
What is the structure for misrepresentation?
- Misrepresentation?
- A false statement
- Of material fact
- Made by a party to the contract
- That induces the other party to enter into a contract.
- Three types of misrepresentation
- Misrepresentation act 1967/ remedies available.
What is meant by a false statement?
-Not true/ accurate
Which case outlined that a ‘nod, wink, shake of the head or a smile’ would be considered statements?
Walters V Morgan
Walters V Morgan?
‘a nod, wink, shake of the head or smile would be considered statements’
How is a representation usually communicated?
Written, verbal or by conduct.
Which case outlines that silence is not usually a misrepresentation?
Fletcher V Krell
Fletcher V Krell
-Silence is not usually a misrepresentation.
-Woman not obliged to tell her employer she was divorced babe.
What can a false statement include + case?
- Anything that influences the others decision in entering a contract.
- Spice girls LTD V Aprilla
Spice girls LTD V Aprilla?
-All promotional material had Geri Harriwell in it but she left (making it worthless)
-misrepresentation.
In what situations will a silence still be considered a misrepresentation?
-Where a contract requires good faith.
-Change of circumstances
-The making of a half-truth
-Where a relationship is built on trust.
Which case goes with ‘where a contract requires good faith’
-Lambert V Coop insurance society (didn’t tell about her husbands conspiracy to steal in Jewellery insurance policy).
-Lambert V Coop insurance society
-Insurance contracts where full disclosure is required regardless of whether asked or not.
Which case goes with a change of circumstances?
With V Flanagan (change in profits from doctors office).
