Misrepresentation

Answer 1

A party to a contract will be entitled to damages if they were induced to enter into contract by a misrepresentation made by or behalf of the other party

• damages will be awarded as if the misrepresentation had been a term of contract that was broken

-It makes no difference whether or not the misrepresentation was made fraudulently or innocently

Question 2

What is a misrepresentation

Answer 2

a false statement of past or present fact made during negotiations, before a contract

Question 3

elements for misrep

Answer 3

• A false statement of past or present fact
• The false statement was material in inducing the party to whom it was made to enter contract
• as a result of relying on the truth of the false statement that party suffered loss

Question 4

Mere puff is not…

Answer 4

Actionable
words may not have any meaning

Question 5

scilence

Answer 5

Mere silence will not generally in itself be misrepresentation.

Question 6

Opinons

Answer 6

an opinion will not be a misrepresentation unless the giving of the opinion implies the facts given of the opinion in the circumstances implies facts that are not true

Question 7

Half- Truths

Answer 7

• only telling half of the story
• Half truths will count as misrepresentation

Question 8

changes in facts

Answer 8

where the facts change after the representation and before the contract is entered into, you must inform the party

Question 9

Remedies (3)

Answer 9

• Damages
• Cancelation of contract in specified circumstances
• Court has discretion to return parties to their original positions