Spice Girls Ltd v Aprilia World Service
A false statement can be something written, spoken or shown
Fletcher v Krell
Silence is not a false statement
With v O’Flanagan
Exception to silence rule- where circumstances have changed
Dimmock v Hallett
Exception to silence rule- where the statement was a half truth
Bissett v Wilkinson
The statement must be of material fact, not opinion
Attwood v Small
The statement must have persuaded the claimant to enter the contract (at least partly)
Consumer Protection Regulations 2014
A trader has breached these if they leave out information that is important to the consumer or if they conceal information
Consumer Insurance Act 2012
A consumer only needs to disclose information to an insurance company when asked. However the policy can be cancelled if they deliberately withheld information. if they didn’t realise they should have disclosed something that the insurance company needed to know, the company can reduce any payout after a claim by the amount extra they would have charged on the policy if they’d known.
Misrepresentation Act 1967
Sets out what type of Misrepresentation, C proves the 4 elements, then the court assumes it was (whatever type) unless D can prove otherwise.
Leaf v International Galleries
Rescission can be barred if there is any delay in bringing a claim.
