Misrepresentation remedies Flashcards
Remedy for innocent misrepresentation
Rescission or damages under Misrepresentation Act 1967, S.2(2)
Remedy for negligent misrepresentation
Rescission
AND/OR
Damages under the Misrepresentation Act S.2(1) and S.2(2)
Remedy for fraudulent misrepresentation
Rescission AND damages in the tort of deceit
Rescission or damages under Misrepresentation Act 1967, S.2(2)
Remedy for innocent misrepresentation
Rescission
AND/OR
Damages under the Misrepresentation Act S.2(1) and S.2(2)
Remedy for negligent misrepresentation
Rescission AND damages in the tort of deceit
Remedy for fraudulent misrepresentation
When will the remedy of recission not be possible?
- Restitution to the original pre-contract position is impossible
- The contract is affirmed
- Delay
- A third party has gained rights over the property
What is affirmation?
The innocent party decides to carry on with the contract despite being aware of the misrepresentation
The innocent party decides to carry on with the contract despite being aware of the misrepresentation
Affirmation
Case demonstrating affirmation
Long v LLoyd 1958
Long v LLoyd 1958
Demonstrates affirmation
What case demonstrates delay?
Leaf 1950
Leaf 1950
demonstrates delay
What case demonstrates when restitution to the original pre-contract position is impossible?
Clarke v Dickson 1858
Clarke v Dickson 1858
Demonstrates when restitution to the original pre-contract position is impossible
