False representation Flashcards
(6 cards)
1
Q
what is the AR?
A
making a false representation
2
Q
explain false
A
= untrue/misleading and D knows it is/might be. There will be no false representation if it transpires to be true.
3
Q
what can the misrepresentation relate to and how can it be made?
A
o Can relate to fact, law or someone’s state of mind
o Can be made express/implied by words or conduct
4
Q
what does P need to prove?
A
P only needs to prove BARD the representation was made (could be to a person, computer etc).
No one needs to have relied on the statement, been mislead or suffered loss.
5
Q
what is the MR?
A
- knowledge it might be false + 2. dishonesty +
- intention to make gain or cause/risk loss to another
6
Q
how is dishonesty established?
A
Iver test
