Misrepresentation

Question 1

What are the three elements of misrepresentation?

Answer 1

1. There is a statement of fact
2. The statement relates to a past or current fact
3. The statement was made before the contract was made

Question 2

Case for False Statement of Fact

Answer 2

Bisset v Wilkinson (Merely an opinion “Farm would hold 2,000 sheep”)

Question 3

Case for Exisiting or Past Fact

Answer 3

Ware v Johnson (Although about the future, the statement implies a present fact)

Question 4

Which statements do not constitute misrepresentations (5)

Answer 4

1. Puff
2. Silence
3. Statement of opinion
4. Statement of intention
5. Statement of law

Question 5

Which section states the four essential elements of actionable misrepresentation? What are they?

Answer 5

s35
1. Must be misrepresentation
2. Made by the representor
3. Made to the representee
4. Induced into signing the contract based on the misrepresentation

Question 6

What is the fifth element of actionable misrepresentation from common law and what is the case

Answer 6

The representer must have INTENDED the misrepresentation to induce the representee into the contract. Savill v NZI Finance

Question 7

What section mentions remedies for actionable misrepresentation?

Answer 7

s35