Misrepresentation

Question 1

Misrepresentation

Answer 1

A false statement of past or present fact made during negotiations before a contract is made.

Question 2

Elements

Answer 2

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

Question 3

Mere puff is not actionable

Answer 3

Trying to get people to be interested in the product will not be misrepresentation.

Question 4

Silence

Answer 4

Mere silence will not generally in itself be a misrepresentation.

Question 5

Opinion

Answer 5

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

Question 6

Half truths

Answer 6

Half truths will count as misrepresentation.

Question 7

Changes in facts after representation

Answer 7

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