vitiating factors -misrepresentation Flashcards by fabiola hamel-bond

when do misreps occur

at the formation of the contract

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what are the elements of a misrep

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

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whats a false statment

one thats inaccurate or not true

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what form can a false stament me made in

any
written,spoken,conduct

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give a case for a false statment

spice girls ltd v aprilia world service bv

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can a false statment be made in sicence

genraly no

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

fletcher v krell

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in what ways will silence become a mis rep

change of circumstance
half truth
confidential relationship
utmost faith

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

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

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give a case for change in circumstance

with v o’flanagon

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what is the law for duty to disclose and half truths

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

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give a case for half truth

dimmock v hallett

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what is the law over duty to disclose and confidential relationships

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

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give a case for confidential relationships

tate v williamson

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what is the law for contracts of utmost faith

all material facts must be disclosed wither asked for or not

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give a case for a contract of utmost faith

lambert v cooperative insurance

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what act covers consumer insurance contracts

consumer insurance (disclosure + representaions) act 2012

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

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

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to have a mis rep what must the statment be

of matrial fact
not op oppinion/furture intent

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what is the law for statments of oppinion

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

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give a case for genuine statment of oppinion

bisset v wilkinson

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whats the law for statment of intention

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

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

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

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

no
yes if its by an agent

what impact must the misrepresntation have on the innocent party

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

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

no but they must have relied on it

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

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

give a case for party knoing statment was untrue

redgrave v hard

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

attwood v small

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

BV v Rembrant enterprises

what does s12 CRA say in relation to inducing

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

what offences does the unfair trading practices regulations 2008 create

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

what are the types of misrep

fraudulent negligent innocent

when does fraudulent mis rep occur

where d delibreatly makes a false rep knowing it is/may be untrue

does fraudulent misrep include hiding defencts + case

yes gordon v selico ltd

what can you recieve for fraudulent mis rep

rescission and or damages

what is rescission

returning the wronged party back to original position when its fair to do so

what damages is the claiment entitled for fraudulent misrep

'for all the damage flowing from fraudulent inducment' all damages where theres a casual link between misrep and damages

give a case to show that loss of profit can also be calimed for in damages

east v Maurer

after receiving damages what can a party do to the contract

affirm or disferim and void

whats negligent misrep

not delibreatly lying but having no reasonable grounds to believe satment to be true

in what ways can you sue for neglignet misrep

common law under mis rep act 1967

for suing for negligent misrep under common law what case principles must you follow

hedley byrn v heller

what are the principles under hedley byrn v heller

must be a duty must have a special relationship breached cause damage

what is a special relationship

a lawer,accountent ect

what will be awarded if you are sucsessfull in suing under common law for negligence

damages subject to contributory negligence

what must be proved for negligent misrep under mis rep act 1967

-misrep -resulted in contract -loss

what will happen after you prove the 3 points under mis rep act 1967

burden shifts to the d to prove they had resonable grounds to believe the statment was true -if done d will be inocent

give a case for the burdon shifting after the 3 points under mis rep act 1967

howerd marine v ogden + sons

what case states damages under mis rep act 1967 are calculated same as fraud so rules on remotness arnt as strict

royscot v rogerson

what is an innocent misrep

d genuinly believed the statment true and had resonable grounds to do so

what must the belief be for incocent misrep

always believed and no negligence in the belief

what can be awared for a sucsessful innocent misrep

recision OR damages under s2(2) misrep act 1967

when will recision not be available

imposiblity afirmation reasonable time 3rd parties

times recision isnt avaliable - what imposiblity + case

unable to retun to previous position clarke v dickenson

times recision isnt avaliable- whats afirmation + case

c affirms contract through continuing whlist knowing misrep long v lloyd

times recision isnt avaliable- whats reasonable time + case

innconcet party didnt recind within a reasonable time leaf v international galleries

times recision isnt avaliable- whats 3rd parties + case

a 3rd party gained intrest lewis v averay

what will happen if you lose your right to rcind + case

you lose your rights to damages zanzibar v br aerospace