Misrep definition
A false statement of fact which induces the other party to enter the contract
What is a false statement
Anything untrue or inaccurate which can be said written or by conduct
False statement by conduct case
Spice girls v aprilia
Does silence amount to misrep plus case
No fisher v krell
4 false statement types and cases
Changing circumstances
With v oflanagan
Half truths
Dimmock v hallet
Consumer insurance contracts
Omissions in the consumer context
What is a fact plus case
A material fact as opposed to a statement of belief or or opinion
Bisset v wilkinson
Is there misrep if its an experts opinion
Plus case
Implied misrepresentation
Esso v marsden
True or false
misrep is not a fact
Plus case
True
Edgition v fitzmaurice
Case for misrep using a personal opinion
Smith v land and house property corporation
What must inducement do
Inducement must induce the party to enter the contract
Incorrect info is reiled upon case
Redgrave v hurd
False info was checked case
Attwooed v small
No misrep
A statement made after agreement
No misrep
Roscorla v thomas
Types of misrep
Fraudulent
Negligent
Innocent
What is fraudulent misrepresentation
Plus case plus remedy
A false statement made knowingly
Derry v peak
All losses
What is negligent misrepresentation
Plus case plus remedy
Not a deliberate lie but a failure to check its accuracy
Howard marine v ogden
Recission and damages
What is innocent misrepresentation
plus remedy
A false statement made with honest belief
Either recission or damages
