Misrepresentation

Question 1

Vitiating factor

Answer 1

Makes a contract void/voidable

Question 2

Define Misrep

Answer 2

False statement of a material fact made by a party to a contract, to induce another into a contract

Question 3

Misrep factors

Answer 3

False statement
Material fact
Made by a party to the contract
Induces another to enter the contract

Question 4

False statement Fletcher v Krell

Answer 4

Silence does not amount to a misrep

Question 5

False statement With v O’Flanagon

Answer 5

Original statement made inaccurate, duty to correct or will be misrep

Question 6

False statement Dimmock v Hallett

Answer 6

Part truth is misrep

Question 7

False statement Tate v Williamson

Answer 7

Relationship built on trust and did not disclose

Question 8

False statement Lambert v Co-Operative

Answer 8

For insurance wife did not disclose husband was a criminal

Question 9

False statement Spice Girls Ltd v Asprilla

Answer 9

One bird left

Question 10

Material fact Bisset v Wilkinson

Answer 10

Genuinely thought he could fit 2000 sheep

Question 11

Material fact Edginton v Fitzmaurice

Answer 11

said investment would go to buildings not debt

Question 12

Made by a party to the contract

Answer 12

Not liable for others statements unless agents

Question 13

Induces the other party to enter the contract Attwood v Small

Answer 13

Seller of mine, false profit statement relied on surveyor so no misrep

Question 14

Induces the other party to enter the contract Regrave v Hurd

Answer 14

Given accounts, verbally misled, did not chack themselves so was misrep

Question 15

Induces the other party to enter the contract Museprime

Answer 15

Reasonable person does not apply

Question 16

Types of misrep

Answer 16

Innocent
Negligent
Fraudulent

Question 17

Innocent

Answer 17

Misrep Act 1967

Question 18

Negligent Howard Marine v Ogden

Answer 18

Failure to check documents, negligent

Question 19

Fraudulent Derry v Peek

Answer 19

They were careless but did not know

Question 20

Defences

Answer 20

Impossible
Contract is affirmed
Delay
Third party

Question 21

Impossible

Answer 21

Clarke v Dickson

Question 22

Contract is affirmed

Answer 22

Long v Lloyd

Question 23

Delay

Answer 23

Leaf v International Galleries

Question 24

Third party

Answer 24

Lewis v Avery