Misrepresentation & Mistake

Question 1

What is misrepresentation?

Answer 1

False/misleading statements made during contract negotiations

Question 2

Esso v Marden

Answer 2

Their expert knowledge turned a statement of opinion into a statement of fact
Marden relied on the information

Question 3

Bisset v Wickerson (1927)

Answer 3

Statement of opinion about how many sheep could go on the land
Sheep had never been on the land before

Question 4

Edington v Fitzmaurice

Answer 4

A lie changes a statement of intention into a statement of fact

Question 5

Wales v Wadham (1977)

Answer 5

Wife made a statement of intention not to get remarried
Statement of intentions can change
Couldn’t prove that this wasn’t her intention

Question 6

With v O’flanagan (1936)

Answer 6

There is a duty to disclose when a statement of fact is no longer true
Hospital annual profit of £2000

Question 7

Spice Girls v Aprile (2000)

Answer 7

Misrepresentation by conduct

Question 8

Types of misrepresentation
A)
B)
C)

Answer 8

A) Fraudulent
B) Innocent
C) Negligent

Question 9

Misrepresentation makes the contract….

Answer 9

VOIDABLE

Question 10

Affirmation

Leaf v International Gallaries

Answer 10

5 years was too long

Question 11

Affirmation

Salt v Strastone (2015)

Answer 11

Car

Time lapse didn’t count because of “practical justice”

Question 12

Misrepresentation aims to put …

Answer 12

parties back in their pre-contractual position (rescinding the contract)

Question 13

William Sindall v Cambridgeshire

Answer 13

Paid damages rather than rescission

Question 14

Couturier v Hastie (1856)

Answer 14

Sale of cargo corn that didn’t exist

Question 15

McRae v Commonwealth Disposals Commission (1951)

Answer 15

The weight of the obligation fell on one party and therefore couldn’t be voidable for misreprsentation

Question 16

Cooper v Phibbs (1867)

Answer 16

Claimant already owned the fishery

Question 17

Raffles v Wichelhaus (1864)

Answer 17

Two ships called ‘peerless’

The objective person wouldn’t be able to tell the difference

Question 18

Mistake in offer and acceptance makes the contract…

Answer 18

VOID

Question 19

Hartog v Collins + Shields (1939)

Answer 19

Large quantities of hare skins sold at the wrong price

Fundamental knowledge this was wrong

Question 20

Shogun Finance v Hudson (2004)

Answer 20

Held to be a written contract so Hudson had to give back his car - Void from the start

Question 21

Cunday v Lindsay (1878)

Answer 21

Void for mistake - identity is crucial

Question 22

King Norton Metal v Edridge

Answer 22

Attributes

Not mistake but misrepresentation

Question 23

Attributes

Not mistake but misrepresentation

Answer 23

King Norton Metal v Edridge

Question 24

Void for mistake - identity is crucial

Answer 24

Cunday v Lindsay (1878)

Question 25

Held to be a written contract so Hudson had to give back his car - Void from the start

Answer 25

Shogun Finance v Hudson (2004)

Question 26

Large quantities of hare skins sold at the wrong price

Fundamental knowledge this was wrong

Answer 26

Hartog v Collins + Shields (1939)

Question 27

Two ships called ‘peerless’

The objective person wouldn’t be able to tell the difference

Answer 27

Raffles v Wichelhaus (1864)

Question 28

Claimant already owned the fishery

Answer 28

Cooper v Phibbs (1867)

Question 29

The weight of the obligation fell on one party and therefore couldn’t be voidable for misreprsentation

Answer 29

McRae v Commonwealth Disposals Commission (1951)

Question 30

Sale of cargo corn that didn’t exist

Answer 30

Couturier v Hastie (1856)

Question 31

Two ships called ‘peerless’

The objective person wouldn’t be able to tell the difference

Answer 31

Raffles v Wichelhaus (1864)