Types of Misrepresentation (vitiating factors) Flashcards

1
Q

Types of Misrepresentation

A

A. Fraudulent
B. Negligent
C. Innocent
D. Statutory

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2
Q

Derry v Peek

A

fraudulent misrep

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3
Q

Doyle v Olby (Ironmongers)

A

fraudulent misrep

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4
Q

East v Maurer (Fraudlent)

A
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5
Q

Whittington v Seal Hayne (innocent misrep)

A
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6
Q

Hedley Byrne & Co Ltd v Heller Partners Ltd (Duty of care principle)

A
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7
Q

Playboy Club London Ltd v Banca Nazionale del Lavoro

A

Duty of care principle

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8
Q

Henderson v Merrett Syndicates Ltd (Negligent - assumption of responsibility principle)

A
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9
Q

Henderson v Merrett Syndicates Ltd (Negligent - Concurrent duties in tort and contract)

A
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10
Q

Misrepresentation Act 1967, s. 2(1) - statutory misrep

A
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11
Q

Al-Hasawi v Nottingham Forest FC Ltd

A

statutory misrep 2.1

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12
Q

Archer v Brown (fraud damages)

A
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13
Q

Hedley Byrne & Co Ltd v Heller Partners Ltd (negligent Damages)

A
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14
Q

Esso Petroleum v Mardon (negligent Damages)

A
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15
Q

East v Maurer [1991] (Stat 2.1)

A
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16
Q

Yam Seng (Stat 2.1)

17
Q

Salt v Stratstone (Stat 2.2)

18
Q

Car & Universal Finance v Caldwell (The nature of rescission)

19
Q

Misrepresentation Act 1967, s. 1(a) - misrep as a term of contract

20
Q

Archer v Brown (choice between recission and damages)

21
Q

Whittington v Seal Hayne (recission + indemnity)

22
Q

Erlanger v New Sombrero Phosphate (Restriction on recession - Restitution impossible)

23
Q

Long v Lloyd (Restriction on recession)

24
Q

Phillips v Brooks (Restriction on recession - Third party rights)