LAW P3 CONTRACT CASES (MISREPRESENTATION)

Question 1

What is the case for negligent misrep?

Answer 1

Howard marine v Ogden, the defendant had not discharged the burden of proof by demonstrating they had reasonable grounds for believing its true

Question 2

What is the case for fraudulant misrep?

Answer 2

Doyle v Olby, where a party is induced to enter into a contract by fraudulent misrepresentation, they are entitled to be put in the position they would have been in had the misrepresentation not been made

Question 3

What is the case for misrep (false statement)

Answer 3

Edgington v Fitzmaurice, a statement of future intention, if made without the genuine intention to carry it out, can be treated as a misrepresentation of fact

Question 4

What is the case for misrep (inducement)

Answer 4

Bisset v Wilkinson, a statement of opinion is not a misrepresentation unless the person making it expresses it as a fact

Question 5

What is the case for the remedies of fraudulant misrep?

Answer 5

Smith New Court Securities v Scrimgeour Vickers, A person who is fraudulently induced to enter a contract is entitled to be compensated for all the loss directly flowing from the transaction, even if it was not foreseeable

Question 6

What is the case for the remedies of negligent misrep?

Answer 6

Royscott trust v rogerson, damages should be assessed on the basis of damages available in the tort of deceit principles