Vitiating Factors: Misrepresentation Flashcards
1
Q
Fletcher v Krell
A
- There was no representation as she was under no duty to disclose her marital status and she had not been asked about it.
2
Q
With v O’Flanagan
A
- There was a continuing representation; he had to tell any prospective purchaser of changes to the situation.
3
Q
Dimmock v Hallett
A
- A part-truth was a misrepresentation.
4
Q
Tate v Williamson
A
- The adviser’s failure to disclose that he was intending to buy the land personally was a breach of trust and was therefore a misrepresentation.
5
Q
Lambert v Co-operative Insurance Society
A
- Where a contract is a contract of ‘utmost good faith’ then all material facts must be disclosed whether asked about or not. An example is a contract of insurance.
6
Q
Spice Girls Ltd. v Aprilia World Service BV
A
- By all the Spice girls attending photos for advertising campaign, the group represented that none of them intended to leave the group and none of them was aware that one member intended to.
7
Q
Bisset v Wilkinson
A
- An expression of the seller’s honestly held opinions was not a representation.
8
Q
Edgington v Fitzmaurice
A
- A statement of future intention can be seen as a statement of fact if it was proved that the maker had no such intention and therefore can be a misrepresentation.
9
Q
Attwood v Small
A
- A person must have relied on the statement made rather than his own judgement or information he obtained elsewhere for there to be a misrepresentation.
10
Q
Redgrave v Hurd
A
- The fact that the untrue statement was relied upon is enough to make it amount to a misrepresentation even if he could easily have found out the truth.
11
Q
Museprime Properties Ltd v Adhill Properties Ltd
A
- What the reasonable person would, or would not, have done is irrelevant; if there is reliance on the false statement, it can be a misrepresentation.
