fraud and misrepresentation Flashcards
(9 cards)
1
Q
what are the requirements for misrepresentation
A
- Ritchie v Glass
- has to be made by the other party
- prior to contract formation
- has to cause the other party to be in error
- causal link between error and formation of contract
1
Q
authority for the fact that resititutio in integrum must be possible
A
Boyd & Forrest v Glasgow
2
Q
can adverts be misrepresentation
A
Bile Bean Mfg v Davidson - yes
3
Q
are statements of opinion misrepresentation
A
only if an expert
Bisset v Wilkinson/esso petroleum v Mardon
4
Q
can conduct be misrepresentation
A
Paterson v Landesburg - if there is intention to deceive
5
Q
can silence be misrepresentation
A
Broatch v Jenkins - not unless there is a duty to speak up
6
Q
what are remedies which can result from fraudulent misrepresentation
A
voidable and damages
7
Q
what are remedies which can result from negligent misrepresentation
A
voidable an damages
8
Q
A
