Finals - Misrepresentation & Recap Interference and Privacy Flashcards
(23 cards)
What is misrepresentation?
A false statement of fact (or law) made by one party to another, which induces the other to enter a contract.
This definition highlights the importance of truthful communication in contractual agreements.
What are the three types of misrepresentation?
Fraudulent, Negligent, and Innocent.
These categories help to differentiate the intent and consequences of misleading statements.
Case defining fraudulent misrepresentation?
Derry v Peek [1889] – Fraudulent if the statement is made knowingly, without belief in its truth, or recklessly.
This case set a precedent for understanding fraudulent intent in misrepresentation.
What is the remedy for fraudulent misrepresentation?
Rescission + damages in tort (as of deceit).
This remedy aims to restore the injured party to their original position.
What statute governs negligent misrepresentation?
Misrepresentation Act 1967, especially s2(1).
This Act provides a framework for addressing negligent misrepresentations in contractual contexts.
Burden of proof under Misrep Act 1967 s2(1)?
Lies with the defendant to prove they had reasonable grounds to believe the statement was true.
This shifts the responsibility onto the party making the statement in cases of negligence.
Innocent misrepresentation – remedy?
Rescission only; damages are discretionary under s2(2) Misrep Act 1967.
This reflects a more lenient approach for parties who did not intend to deceive.
Can silence amount to misrepresentation?
Generally no – see Keates v Cadogan, unless there’s a duty to disclose (e.g. With v O’Flanagan).
This highlights the principle that silence is not usually actionable unless specific obligations exist.
What is rescission?
A remedy that undoes the contract, restoring parties to pre-contractual positions.
Rescission is crucial for addressing misrepresentation and ensuring fairness.
Bars to rescission?
(i) Affirmation
(ii) Lapse of time
(iii) Impossibility of restitution
(iv) Third-party rights.
These bars can limit the ability to rescind a contract after misrepresentation has occurred.
What are the three main types of interference with land?
Private nuisance, public nuisance, and trespass to land.
Understanding these forms of interference is essential for property law.
Define private nuisance.
Unlawful interference with a person’s use or enjoyment of land.
Private nuisance focuses on the rights of landowners and their enjoyment of property.
Key case for ‘unreasonable interference’?
Hunter v Canary Wharf [1997] – not every interference is actionable.
This case clarifies the standards for what constitutes unreasonable interference.
Who can sue in private nuisance?
Only those with a legal interest in the land (Hunter v Canary Wharf).
This limits claims to those who have direct stakes in the property affected.
Key case for physical invasion?
Sedleigh-Denfield v O’Callaghan [1940] – liability for continuing nuisances.
This case emphasizes the responsibility of landowners for nuisances that persist over time.
What is trespass to land?
Direct and intentional interference with land without lawful justification.
Trespass can occur without physical damage if there is an unauthorized entry.
Case for trespass by placing objects?
Anchor Brewhouse v Berkley House – crane swinging into airspace = trespass.
This case illustrates that trespass can involve not just land, but also the airspace above it.
Which case established a tort of misuse of private information?
Campbell v MGN [2004].
This landmark case set the foundation for privacy rights in the context of media and personal information.
What is the two-stage test from Campbell?
(1) Did C have a reasonable expectation of privacy?
(2) Was that expectation outweighed by D’s right to freedom of expression (Art 10 vs Art 8)?
This test balances individual privacy rights against freedom of expression in legal contexts.
What right protects privacy under the ECHR?
Article 8 – right to respect for private and family life.
Article 8 is a crucial component of human rights law in Europe.
Case showing that children have strong privacy rights?
Murray v Express Newspapers [2008].
This case reinforced the idea that children are entitled to special protection regarding their privacy.
What counts as ‘private information’?
Information not in the public domain that a reasonable person would expect to be private (e.g. sexual life, medical data, etc.).
The definition of private information is vital for determining the boundaries of privacy rights.
Is publication alone enough for a claim?
No – there must be misuse of the private information (Campbell).
This emphasizes that mere publication does not constitute a breach of privacy.
