Misrepresentations Flashcards
Fletcher v kell
Silence cannot be a misrepresentation
Tate v Williamson
If the relationship between parties is based on trust then silence can be misrepresentation
O’Flanaghan case
A statement can be true initially but become a misrepresentation by the time the contract is made
Dimmock v. Hallet
Silence can be a misrepresentation if the statement is a half truth
Spice girls case
Actions can lead to a misrepresentation
Basset v Wilkinson
Statement must be all material fact not an opinion
Eddington v fitzmourice
A statement of intention can be a promise to do something in the future
Atwood v small
They must rely on the statement rather than there own judgement, the statement must endure them to enter the contract