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Law > Vitiating Factors (Paper 3-Section B Topic 6) > Flashcards

Vitiating Factors (Paper 3-Section B Topic 6) Flashcards

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1
Q

What is a representation?

A

Statements which influence the decision whether to enter a contract or not

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2
Q

Define a misrepresentation

A

A misrepresentation is a false statement of material fact made by a party to a contract which induces the other party to enter a contract

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3
Q

Define recission

A

Good reason for the party to end the contract-other party has misled the other and they realise in agreement

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4
Q

Define repudiation

A

A party to the agreement makes it clear they are not going to complete their side of the agreement

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5
Q

What does the Misrepresentation Act 1967 state in the into?

A

If the statement proved to be untrue, the C has no right to claim

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6
Q

The false statement must be what?

A

Untrue/Inaccurate

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7
Q

Give the held of: Gordan v Selico

A

Painting over dry rot before selling a property fulfilled the elements of misrep.

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8
Q

Give the held of: Fletcher v Krell

A

Wasn’t misrep. as she had no duty to disclose her material status

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9
Q

Give the held of: With v O’Flanagan

A

Failure to disclose any change before acceptance is misrep.

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10
Q

When can silence be misrep?

A

When it is a half truth
When parties relationship is based on trust

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11
Q

Give the held of: Dimmock v Hallet

A

This part-truth was misrep

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12
Q

Give the held of: Tate v Williamson

A

This was a breech of trust so was misrep

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13
Q

The Consumer Insurance (Disclosure and Representations) Act 2012 states what?

A

If contract is mode of ‘utmost good faith’ all material facts must be disclosed even if they aren’t asked for

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14
Q

Give the held of: Lambert v Co-Operative Insurance

A

The insurance company had the right to refuse to pay

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15
Q

Give the held of: Spice Girls v Aprilia

A

When they all attended they represented that non of them were intending on leaving-this was misrep

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16
Q

Give the held of: Bisset v Wilkinson

A

This was not misrep-it was an opinion.

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17
Q

How is material fact tested?

A

A reasonable person would have entered a contract

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18
Q

Give the held of Edgington v Fitzmaurice

A

Despite the fact that the statement was a statement of future intent, it was still misrep

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19
Q

Only parties to a contract can be liable for statements made- true or false?

A

True

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20
Q

The statement must be what by the party entering the contract?

A

Relied on

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21
Q

Give the held of: Attwood v Small

A

This was not misrep as they relied on a statements from the accountants not the seller

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22
Q

Give the held: Redgrave v Hurd

A

Even though the purchaser would have known that the verbal statement was false, this was still misrep

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23
Q

What does s.12 of the Consumer Rights Act 2015 state?

A

The seller must provide certain pre-contractual info to the consumer for the contract to be legally binding

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24
Q

What does the Consumer Protection (Amendment) Regulations Act 2014 state?

A

It will be a misleading omission if a trader misses out key info

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25
Q

Info is misleading if what?

A
  • Omits material info that the average consumer needs, according to context, to make informed transactional decision
  • Hides/provides unclear, unintelligible, ambiguous material info
  • Fails to identify commercial intent of commercial practice
26
Q

What are the types of misrep?

A

Innocent
Negligent
Fraudulent

27
Q

What does the Misrep. Act 1967 define Innocent misrep as?

A

A false statement made honestly (reasonable and genuine belief that the statement was true)

28
Q

When is recission unavailable for misrep?

A
  • returning the parties to pre-contractual position is impossible
  • contract is affirmed (stayed in contract)
  • delay
  • 3rd party gained rights over property
  • when damages awarded
29
Q

What remedies apply for innocent misrep?

A

Recission
Damages

30
Q

Give the held of: Clarke v Dickson

A

C couldn’t return to his pre-contractual position as his job was no longer available-recission was unavailable

31
Q

Give the held of: Long v Lloyd

A

C unable to rescind contract as he affirmed contract when he accepted money for repairs

32
Q

Give the held of: Leaf v International Galleries

A

He wasn’t able to rescind the contract because of the delay

33
Q

Give the held of: Lewis v Averay

A

Unfair to deprive innocent party of the car purchased in good faith-unable to rescind

34
Q

Give the held of: Zanzibar v British Aerospace Ltd

A

If damages are awarded, recission is unavailable

35
Q

What is negligent misrep?

A

False statement made by a person who has no grounds to believe it was real

36
Q

How is negligent misrep split into 2?

A

under negligenve through common law
statue (The Misrep Act 1967)

37
Q

What does s.2(1) of the Misrep Act 1967 state?

A

There does not have to be special relationship between the parties as long as the V suffers a loss

38
Q

Give the held of: Howard Marine v Odgen and Sons

A

It was negligent misrep-the registration document stated the correct info

39
Q

What are the remedies available for negligent misrep?

A

Recission and/or damages

40
Q

Give the held of: Hedley Bryne

A

Damages are calculated based on the tort committed

41
Q

Give the held of: Royscot Trust Ltd v Rogerson

A

Damages awarded would be he same as in a fraud case

42
Q

What case defined fraudulent misrep?

A

Derry v Peek

43
Q

Define fraudulent misrep

A

A statement whim the person making the representation knows to be untrue

44
Q

Give the held of: Greenridge Luton One v Kempton Investments

A

Buyer entitled to damages due to reliance on an untrue representation

45
Q

What are the remedies available for fraudulent misrep?

A

Recission and/or damages

46
Q

Give the held of: Smith New Court v Scrimgeour Vickers

A

Courts awarded the difference between price paid for shares and the sale price of shares

47
Q

Give the held of: East v Maurer

A

The courts allowed the calculation of damages to include profit of a business

48
Q

Define economic duress

A

When someone enters a contract due to financial threats

49
Q

If economic duress is established, it makes the contract what?

A

Voidable-continues until the innocent party avoids it

50
Q

Give the held of: Skeate v Beale

A

Threats to property were not deemed to be duress

51
Q

Give the held of: The Siboen and The Sibotre

A

Serious threats should be considered duress

52
Q

Give the held of: Atlas Express v Kafco

A

No consideration is provided for additional term-this was economic duress

53
Q

Establishing pressure, the courts will consider what?

A
  • practical effect that there is compulsion of will (force to agree) or lack of practical choice for the V
  • pressure must be illegitemate
  • illegitemate pressure is a significant cause of making the contract
54
Q

Establishing pressure, the courts will consider what?

A
  • practical effect that there is compulsion of will (force to agree) or lack of practical choice for the V
  • pressure must be illegitimate
  • illegitimate pressure is a significant cause of making the contract
55
Q

Give the held of: Universe Tankship v International Transport Workers Federation

A

This was economic duress and the money had to be repaid

56
Q

Give the held of: CTN Cash and Carry v Gallagher

A

The claim filed as it was lawful for D to remove the credit agreement at any time as it was stated in the contract

57
Q

Give the held of: Pao On Lau Yiu Long

A

For economic duress to be established, the following must be considered:
-did the person claiming protest?
-was there another reasonable course of action available?
-was he independently advised before taking action?
-After entering contract, did they take the steps to avoid the thing in question?

58
Q

Give the held of: Progress Bulk Carriers v Tube City

A

This was economic duress as the hirers only agreed as they had no alternative

59
Q

Give the held of: The Atlantic Baron

A

Right to claim economic duress may be lost due to lapse of time

60
Q

What remedies are available for economic duress?

A

Restitution of property or money

Law (11 decks)

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