Misrepresentations Flashcards
Birch v Paramount Estates (Liverpool) Ltd 1956
contract made no reference to statement made about house but it was actually a contractual term as defendants had special knowledge
Couchman v Hill 1947
statement made about “unserved” heifer - died as a result of giving birth too young - term
Oscar Chess Ltd v Williams 1957
saying the car was registered in 1948 was a representation and the claimant had more knowledge
Dick Bentley Productions Ltd v Harold Smith Motors Ltd 1965
innocent misrepresentation made about how many miles a car had done
Routledge v McKay 1954
representation made about when a bike was registered
J. Evans & Son v Andrea Merzario Ltd 1976
verbal assurance became part of collateral contract
Bannerman v White 1861
fraudulent misrepresentation made about what hops were treated with
Ecay v Goefrey 1947
statement of opinion made when stating the boat was sound as he advised him to get a surveyor
Schwel v Reade 1913
fraudulent misrepresentation made about horse being used as stud’s health
Bissett v Wilkinson 1927
statement of opinion made about how many sheep would fit on plot of land
Smith v Land & House Property Corp 1884
fraudulent misrepresentation made about “most desirable tenant” as they had inside knowledge
Esso Petroleum v Mardon Garage 1976
negligent misrepresentation as esso were experts & should have known sales would be effected by the movement of the entrance
Edgington v Fitzmaurice 1885
negligent misrepresentation as money to buy shares was used to pay off debts, not expand company as stated
Dimmock v Hallett 1866
building purchased fully let - all tenants had already handed their notice to leave - half truth
With v O’Flanagan 1936
doctor sold surgery but had taken ill so had lost patients after buyer had seen books
Attwood v Small 1838
got experts to look over books who thought they were satisfactory - found to be greatly exaggerated - did not rely on this statement
Redgrave v Hurd 1881
relied on statement made about income of solicitors firm when he declined to check books
Hedley Byrne & Co Ltd v Heller & Partners
negligent misrepresentation on statement made about creditworthiness
Derry v Peek 1889
not fraudulent misrepresentation made as Board of Trade refused permission to use steam powered trams
Leaf v International Galleries 1950
time ran from innocent misrepresentation being made about painting not discovery (5 years)
Arcos Ltd v E A Ronassen & Son 1933
Lord Atkin expanded on once you have done everything promised your contractual obligations will end
Cutter v Powell
claim of widow whose husband died mid voyage (Jamaica to Liverpool) failed because he did not complete the voyage
