MISREP cases Flashcards
General and main misrep case
Bisset V wilkinson - case where claimant purchased land for the purpose of sheep farming and was told that 2000 Sheeps could fit. Claimant brought the land. And then found out that the land was not going to hold 2000 Sheep. But court held that this was an opinion as the defendant didn’t use the land for sheep farming therefore only guessed it.
Different types of misrep include : innocent. Negligent and fradualent. Show a case of each.
Negligent - hedleY V heller - advertising agency which asked defendents bank for reference in respect of one of its clients which was a customer. The bank replied that the client would meet financial obligations but the agencies client was unable to do so. Court held they there was a negligent statement showing misrep
Case where claimant replied Upon the representation
ATTWOOD V SMALL
CASE where the purchases off the mines were told exaggerated statements as to the earning capacity of it. They then asked their own expert agents to check if these statements were correct; they also said yes. 6 months later they found out that the statement was false. They sought claims but the court held that no misrep had occurred as they didn’t rely on the purchasers statement but relied on their experts statement.
