Misrepresentation

Question 1

Three types of misrepresentation

Answer 1

Innocent
Negligent
Fraudulent

Question 2

Burden of proof for proving misrepresentation

Answer 2

On the claimant. Once this is proven, defendant will have to prove whether this was innocent or not.

Question 3

Innocent misrepresentation definition

Answer 3

Making a false statement while genuinely believing it to be true.
Leaf v International Galleries

Question 4

Leaf v International Galleries

Answer 4

Innocent misrepresentation - Making a false statement while genuinely believing it to be true.

Question 5

Innocent misrepresentation remedy

Answer 5

Rescission (main remedy) or damages under Misrepresentation Act 1967 s.2 (1).
They are mutually exclusive.

Question 6

Negligent misrepresentation definition

Answer 6

Making a false statement while believing it, but having to reasonable grounds to believe it to be true.
Esso Petroleum v Mardon

Question 7

Negligent misrepresentation remedy

Answer 7

Rescission and damages under Misrepresentation Act 1967 s.2 (1)

Question 8

Fraudulent misrepresentation definition

Answer 8

Making a false statement knowing it to be false.
Cherrilow Ltd v Butler-Creagh

Question 9

Fraudulent misrepresentation remedy

Answer 9

Rescission and damages under the law of deceit and under s.2(1) Misrepresentation Act 1967 (Derry v Peak)