Missep

Question 1

Definition (misrep)

Answer 1

False statement of material fact mede by a party to a contract that induces other party in to making a Contract

Question 2

4 elements needed

Answer 2

• False statement
• material fact
• made by a party to the contract
• induces other party

Question 3

Fletcher v krell

Answer 3

Governess divorced - wouldn’t have been hired if other party aware -no misrep as not asked

Question 4

With v o’ Flanagan

Answer 4

Doctor correctly states profits. Becomes ill, patients leave - made original statement false did not disclose -misrep

Question 5

Dimmock V hallett

Answer 5

Seller says tenants on land - there but was they were leaving
-part-truth - misrep

Question 6

Tate v Williamson

Answer 6

Advised client to sell land cheap - did not disclose he was personally buying land
-relationship built on trust - misrep

Question 7

Lambert v co-op

Answer 7

• Insurance contract - all facts should be disclosed - whether asked or not
  -husband had stole in past, would’ve affected cost insurance
  -misrep

Question 8

Spice girls v asprilla

Answer 8

Filmed sponsorship material. Did not say, was leaving - 1 leaves material worthless - misrep

Question 9

Material fact def

Answer 9

Fact not opinion -lead a reasonable person to make contract

Question 10

Bisset v wilkinson

Answer 10

• Selling farm guesses could hold 2000 sheep -No misrep as genuinely believed true

Question 11

Edgington fitzmaurice

Answer 11

• Said investments to alter building -really to pay debt -misrep

Question 12

Atwood v small

Answer 12

• Seller of mine - false statement about profit - claimant relied on a surveyor who valued wrong -no misrep

Question 13

Redgrave v Hurd

Answer 13

• Bought solicitor practice -given accounts
  -verbally misled so did not check accounts
• misrep

Question 14

Museprima

Answer 14

What reasonable person would do not relevant

Question 15

Consumer protection regulations 2014

Answer 15

• Misleading can be material info omitted hidden or unclear

Question 16

Innocent misrepresentation def

Answer 16

Misrep act - 1967 - genuinely believed statement on reasonable grounds - recession or damages

Question 17

Negligent misrepresentation

Answer 17

• Misrep without reasonable grounds to believe -true rescission and damages may be Available

Question 18

Howard marine v Ogden

Answer 18

Failed to check registration document check capacity of barge-negligent

Question 19

Fraudulent

Answer 19

Known to be untrue

Question 20

Derry V peek

Answer 20

Tram co genuinely thought would get consent to go motorised when looking for investors
- not fraud

Question 21

Remedies not Granted if

Answer 21

1. Impossible - Clarke v Dickinson company now a partnership
2. Contract affirmed - long v Lloyd- truck -repaired
3. Leaf international galleries - 5 years later discovers on attempt to sell - delay defects equity