vitiating factors -misrepresentation

Question 1

when do misreps occur

Answer 1

at the formation of the contract

Question 2

what are the elements of a misrep

Answer 2

a false statment
statment of material fact
statment made by party to contract/agent
induces other to enter contract

Question 3

whats a false statment

Answer 3

one thats inaccurate or not true

Question 4

what form can a false stament me made in

Answer 4

any
written,spoken,conduct

Question 5

give a case for a false statment

Answer 5

spice girls ltd v aprilia world service bv

Question 6

can a false statment be made in sicence

Answer 6

genraly no

Question 7

give a case that a false statment can genraly not be made in silence

Answer 7

fletcher v krell

Question 8

in what ways will silence become a mis rep

Answer 8

change of circumstance
half truth
confidential relationship
utmost faith

Question 9

explain the law fro duty to disclose with a change of circumstance

Answer 9

even if a statment is true when made it can become a mis rep if it chnages b4 contract made

Question 10

give a case for change in circumstance

Answer 10

with v o’flanagon

Question 11

what is the law for duty to disclose and half truths

Answer 11

what is said is a form of non disclosure and may be a mis rep
-silence can be a mis rep if statment is half true

Question 12

give a case for half truth

Answer 12

dimmock v hallett

Question 13

what is the law over duty to disclose and confidential relationships

Answer 13

if the relationship between parties is based on trust it may be a mis rep

Question 14

give a case for confidential relationships

Answer 14

tate v williamson

Question 15

what is the law for contracts of utmost faith

Answer 15

all material facts must be disclosed wither asked for or not

Question 16

give a case for a contract of utmost faith

Answer 16

lambert v cooperative insurance

Question 17

what act covers consumer insurance contracts

Answer 17

consumer insurance (disclosure + representaions) act 2012

Question 18

what is said in consumer insurance (disclosure + representaions) act 2012

Answer 18

consumer has duty to take reasonable care to not make misreps
careless rep-insurance connot avaoid but can reduce
delibreate/reckless rep-insure can avoid

Question 19

to have a mis rep what must the statment be

Answer 19

of matrial fact
not op oppinion/furture intent

Question 20

what is the law for statments of oppinion

Answer 20

if a person genuinly belives in it it wont be a mis rep but if not then it will be if false

Question 21

give a case for genuine statment of oppinion

Answer 21

bisset v wilkinson

Question 22

whats the law for statment of intention

Answer 22

a statment of future furture isnt a statment of fact as it hasent yet happened

Question 23

when will a statment of intent become a statment of fact + case

Answer 23

when they have no intent to cary it out
edgington v Fitzmaurice

Question 24

will there be a mis rep if the statment is made by someone not party to a caontract

Answer 24

no
yes if its by an agent

Question 25

what impact must the misrepresntation have on the innocent party

Answer 25

must be at least one of the reasons they enter the contract

Question 26

must the mis rep be the only reason the party enters the contract

Answer 26

no but they must have relied on it

Question 27

what can an innocnet party not take action (4th rule)

Answer 27

they didnt know abt statmant
knew statment was untrue
didnt rely on stament

Question 28

give a case for party knoing statment was untrue

Answer 28

redgrave v hard

Question 29

give a case for party not relying on statment to make theire decision

Answer 29

attwood v small

Question 30

what case provide the rule if the claiment wouldnt have entered the contract without the rep then its a mis rep

Answer 30

BV v Rembrant enterprises

Question 31

what does s12 CRA say in relation to inducing

Answer 31

theres certain info a trader must give in the slae of goods
if not its a misrep

Question 32

what offences does the unfair trading practices regulations 2008 create

Answer 32

ommiting material info an avrage concumer needs
making material info hidden/unclear
not clearly displaying contractual info