REPRESENTATION & MISREPRESENTATION

Question 1

term and representation

Answer 1

term- a part of the contract- capable of being breaches
representation- if this was false and persuaded the other party to contract, it could vitiate and render the contract voidable

Question 2

term

Answer 2

term- a part of the contract- capable of being breaches
this is a question of fact for the court but a statement more likely to be a term if
- there is no written agreement
- the statement is critical to the agreement
- the party making it has far greater expertise than the recipient
- the agreement is concluded immediately after the statement

Question 3

rep or term

Answer 3

Couchman v Hill
A decription critical to the contract will be a term
Oscar Chess Ltd V williams
- lack of expert knowledge is likely to make a statement a term
Dick Bentley v harold smith
having expert knowledge is likely to make a statement a term
Routledge v Mackay
a time gap between a statement and agreement suggests it is not a term. presumption statements are representations if there is a later written agreement

Question 4

misrepresentation

Answer 4

an untrue statement of fact which induces the other party to enter a contract with the representor to his detriment
Fletcher v Krell
silence without obligation to disclose is not a misrepresentation
Tate v Williamson
silence can be misrepresentation where there is a fidiciary duty to disclose
with v o’flannagan
- a change in circumstances can render silence about these a misrepresentation