misrepresentation Flashcards

(6 cards)

1
Q

what is misrepresentation?

A

A misrepresentation is a false statement of fact, made before or at the time of the contract, which induces the other party to enter the contract.

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2
Q

Fraudulent Misrepresentation

A

Where D knowingly, without belief in its truth, or recklessly made the false statement.

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3
Q

case that goes with fraudulent misrepresentation

A

derry v peek 1889

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4
Q

Negligent Misrepresentation

A

s.2 Misrepresentation Act 1967 - Where D made a false statement and cannot prove they had reasonable grounds to believe it was true.

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5
Q

case that goes with negligent misrepresentation

A

Howard Marine v Ogden (1978)

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6
Q

Innocent Misrepresentation

A

D had reasonable grounds for believing their statement was true.

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