Vitiating factors - Misrepresentation

Question 1

Fraudulent

Answer 1

If they had no beleif behind the staement they made, hard to prove (Derry v Peek)

Question 2

Remedies for fraudulent

Answer 2

Damages - Can sue in the tort of deciet

Recission

Question 3

Negligent

Answer 3

Defined by s2(1) MA 1967 - Party that made the statement must be able to prove they had reasonable groudsn to belive it.What seperates innocent and negligent is that with negligent the misstatement (Howard marine v Ogden and sons)

Question 4

Remedies for negligent

Answer 4

damages - s2(1) MA 1967

Recission

Question 5

Innocent

Answer 5

s2(1) MA 1967 - Statement not negligent if they had reasonable groudns to belive it

Question 6

Remedies

Answer 6

Damages - s2(2) MA 1967

Recission - s2(2) MA 1967

Question 7

Induces the other to enter the contract

Answer 7

attwood v small