Misrepresentation

Question 1

Misrepresentation

Answer 1

A false statement of material fact made by a party to the contract which induces the other party to enter a contract

Question 2

4 part test for misrep

Answer 2

1. False statement
2. Material fact
3. Made by party to contract
4. Induces other party to enter

Question 3

False statement

Answer 3

Must be untrue or inaccurate
Usually written or verbal, doesnt have to be Gordan v Selico
Complete silence cannot be misrep

Question 4

Case for person is not obliged to make a statement about what is offered

Answer 4

Fletcher v Krell

Question 5

False info

Answer 5

Must be corrected if the situation changes before acceptance

Question 6

Case for false info

Answer 6

With v O’Flanagan

Question 7

Half truth

Answer 7

Silence can be misrep if it is half truth

Question 8

Case for part truth

Answer 8

Dimmock v Hallett

Question 9

Case for relationship based on trust

Answer 9

Tate v Williamson

Question 10

Case for utmost good faith

Answer 10

Lambert v Co-op

Question 11

Case for misrep by conduct

Answer 11

Spice girls v Aprilia

Question 12

Material fact

Answer 12

Would have led a reasonable person to make the contract and influence C to enter
Must be of fact not opinion

Question 13

Case for opinion

Answer 13

Bisset v Wilkinson

Question 14

Case for future intention

Answer 14

Future intention not a fact and not misrep

Edgington v Fitzmaurice

Question 15

Made by party to a contract

Answer 15

Only parties and agents to contract liable

Question 16

Induces other party to enter

Answer 16

Must have left other person to contract
Statement must be relied upon by person entering contract

Question 17

Case for inducing other party

Answer 17

Attwood v Small

Question 18

C could have discovered truth by taking reasonable steps case

Answer 18

Redgrave v Hurd

Question 19

Omissions in consumer context

Answer 19

S.12 of CRA2015- if there is a change to pre contractual info must be expressly agreed between parties
CPR2014- deliberately missing out key info or hiding it in an unclear manner

Question 20

Types of misrep

Answer 20

Innocent
Negligent
Fraudulent

Question 21

Innocent misrepresentation

Answer 21

False statement made honestly
Must have had reasonable and genuine belief statement was true

Question 22

Remedy available for innocent misrep

Answer 22

Rescission

Question 23

When is rescission unavailable in innocent misrep

Answer 23

Returning parties to pre contractual position is impossible (Clarke v Dickson)
Contract is affirmed
Delay (Leaf v International Galleries)
Third party gained rights(Lewis v Averay)

Question 24

Negligent misrepresentation

Answer 24

False statement made by a person who has no grounds to believe it was true

Howard Marine v Ogden

Question 25

Remedies for negligent misrep

Answer 25

Rescission and damages
C can claim for both

Question 26

Fraudulent misrep

Answer 26

False statement you know is not trye
Derry v Peek- statement which the person making it knows to be untrue or is reckless as to whether it is untrue or not

Question 27

Remedies for fraudulent misrep

Answer 27

Rescission and damages
C can claim for both
Court aims to put C in pre contractual position