Fraudulent Misrepresentation Flashcards
(4 cards)
1
Q
What is the test for fraudulent misrepresentation?
A
misrepresentation must be made -
1. knowingly
2. without belief in it,
or
3. recklessley, careless as to its truth
2
Q
Derry v Peek (1889)
A
key case for fraudulent misrepresentation
if the representor has a genuine belief in the statement, it is not fraudulent misrepresentation
3
Q
what are the 2 remedies for fraudulent misrep?
A
as it is under the tort of deceit,
all loss that is a direct result of the fraud can be mitigated by damages (same position as before wrong)
and rescission (same position as before contract)
4
Q
must the fraudulent misrepresentation be completely believed?
A
No, the INFLUENCE is enough
