Misrepresentation

Question 1

Misrepresentation =

Answer 1

When a representation ( statement that induces making of contract) is false

Question 2

False statement =

Answer 2

Not true, type is defined by how aware they were of this

Question 3

Fletcher v Krell

Answer 3

No obligation to make the statment but if made it must be true

Question 4

With V O’Flanagan

Answer 4

A statment can become misrep if it becomes untrue before the contract is made - must be corrected

Question 5

Dimmcock V Hallet

Answer 5

Half truth not accepted, silence will be misrep

Question 6

Tate V Williamson

Answer 6

Silence can be misrep if it breaches trust of à contract made in good faith

Question 7

Lampert v Co-operatives Insurance Society

Answer 7

All material fact must be disclosed or their will be misrep

Question 8

Spice girls LTD v Aprilla world service

Answer 8

Statment need not be written or verbal but may be implied

Question 9

Material fact =

Answer 9

Would make a reasonable person enter the contract

Question 10

Bisset V Wilkinson

Answer 10

Statment must be a fact, if an opinion then no misrep

Question 11

Edignton v Fitzmaurice

Answer 11

Statment of future intention is not a fact, can be misrep if those weren’t intentions

Question 12

Made by à party to a contract

Answer 12

Won’t be misrep if statment was made by someone who wasn’t their agent

Question 13

Induced ither party into contract =

Answer 13

Most be a critical part of the decision

Question 14

Atwood v Small

Answer 14

Statment must be important + must have relied on it rather than their own judgment

Question 15

Redgrave v Hill

Answer 15

Doesn’t matter if they could have discovered truth with reasonable steps

Question 16

Museprime properties v Adhill properties

Answer 16

Irrelevant what reasonable person would have done

Question 17

Innocent misrepresentation =

Answer 17

Statment maker wasn’t aware of it being untrue and genuinely believed it was

Question 18

Negligent Misrepresentation - Hedley Byrne v Heller

Answer 18

False statment made by someone with no reasonable grounds to belive it was true

Question 19

Negligent Misrepresentation - Howard Marine v Agden and Sons

Answer 19

Burden of proof falls on statment maker

Question 20

Fraudulent misrepresentation- Derry V Peak

Answer 20

Known to be untrue

Question 21

Fraudulent Misrepresentation - Greenridge Luton One v Kempton Investmants LTD

Answer 21

Overly Rosetinted POV

Question 22

Remedies - Restitution (party back to orginal state) Exclusion - Clarke V Dickson

Answer 22

Return to orginal position is impossible

Question 23

Remedies - Restitution (party back to orginal state) Exclusion - Long V Lloyd

Answer 23

Contract affirmed

Question 24

Remedies - Restitution (party back to orginal state) Exclusion - Leaf v International Galleries

Answer 24

Delay - complains long after contract made

Question 25

Remedies - Restitution (party back to orginal state) Exclusion - Lewis v Avery

Answer 25

Someone else gained interests over goods

Question 26

Remedies - Damages - Innocent - government of Zanzibar v British aerospace

Answer 26

Damages awarded in place of recession

Question 27

Remedies - Damages - Negligent - Hedley Bryne V Heller

Answer 27

Damages are calculated under the law of tort + contributory negligence

Question 28

Remedies - Damages - Fraudulent -Smith new court V scrimgeour vickers

Answer 28

Damages aim to put victim back in pre-contractual state

Question 29

Remedies - Damages - Fraudulent - East V Maurer

Answer 29

Damages may be awarded for loss of profit