Misrepresentation Flashcards
(41 cards)
What is misrepresentation?
A false statement of fact or law which induces the representee to enter a contract
A false statement of fact or law which induces the representee to enter a contract
Misrepresentation
Misrepresentation can only occur during…
the formation of contract
Bisset v Wilkinson 1927
Must be a statement of fact not an opinion
Must be a statement of fact not an opinion
Bisset v Wilkinson 1927
Smith v Land and House Property Corporation 1884
It is a fact that D holds an opinion, so it is only a misrepresentation if they lie about it
It is a fact that D holds an opinion, so it is only a misrepresentation if they lie about it
Smith v Land and House Property Corporation 1884
Edgington v Fitzmaurice 1885
A statement of future intention is not usually a fact unless there was no intention
A statement of future intention is not usually a fact unless there was no intention
Edgington v Fitzmaurice 1885
Smith v Hughes 1871
silence will not generally amount to a misrepresentation
silence will not generally amount to a misrepresentation
Smith v Hughes 1871
O’Flanagan 1936
Where a statement is rendered false by a change in circumstances there is a duty to disclose the change
Where a statement is rendered false by a change in circumstances there is a duty to disclose the change
O’Flanagan 1936
The Consumer Insurance Act 2012 replaced the consumer’s duty to volunteer information with what?
a duty to answer the insurer’s questions honestly and reasonably
The Consumer Insurance Act 2012 replaced what with a duty to answer the insurer’s questions honestly and reasonably?
The consumer’s duty to volunteer information
Rembrandt Enterprises 2018
- If C would have entered into the contract without that term, they did not rely on it
- However, the term does not have to be the only or deciding factor
- If C would have entered into the contract without that term, they did not rely on it
- However, the term does not have to be the only or deciding factor
Rembrandt Enterprises 2018
Attwood v Small 1838
A misrepresentation cannot be claimed for if C checked its accuracy, even if verification did not discover the misrepresentation
A misrepresentation cannot be claimed for if C checked its accuracy, even if verification did not discover the misrepresentation
Attwood v Small 1838
Spice Girls v Aprilia World 2000
The misrepresentation can take place by conduct if it hides anything that would influence the other’s decision
The misrepresentation can take place by conduct if it hides anything that would influence the other’s decision
Spice Girls v Aprilia World 2000
Fletcher v Krell
No obligation on a party to make any statement about what is being offered
No obligation on a party to make any statement about what is being offered
Fletcher v Krell
With half-truths, what is not said is a non-disclosure and can therefore be a misrepresentation
Dimmock v Hallett
