Misrepresentation

Question 1

How do you start the essay off

Answer 1

(name) may be able to claim the contract is void due to misrepresentation

Question 2

Define misrepresentation

Answer 2

When a party to a contract has made an UNTRUE statement during negotiations, then another party has relied and was induced by it

Question 3

When must the statement have been said

Answer 3

Before or at the time of the contract

Question 4

What is step 1

Answer 4

The statement must be false meaning it is not true or accurate

Question 5

First stage of step 1

Answer 5

Opinion which is not a misrepresentation (Bissett V Wilkinson)

Question 6

2nd stage of step 1

Answer 6

If they couldn’t based on evidence have that opinion then it is a misrepresentation (Edginton V Fitzmaurice)

Question 7

3rd stage of step 1

Answer 7

Is a misrepresentation by actions or conduct (Spice Girls Ltd v AW)

Question 8

Stage 4 of step 1

Answer 8

Silence cannot be a misrepresentation (Fletcher V Krell)

Question 9

When can silence be a misrepresentation what are the two exceptions

Answer 9

Part truth (Dimmock v Hallett)
Was true then due to circumstances was made untrue and wasn’t changed ( With V O’Flanagan)

Question 10

What is step 2 of misrepresentation

Answer 10

Has it induced the other party into the contract (Attwood V Small)

Question 11

What is Step 3 of misrepresentation

Answer 11

Identity misrepresentation and state why it is untrue

Question 12

What are the three types of misrepresentation

Answer 12

1)Fraudulent (Derry V Peak)
2)Negligent S.2 (1) Misrepresentation Act 1967
3)Innocent

Question 13

What is step 4

Answer 13

Remedies

Question 14

What are the remedies in misrepresentation

Answer 14

1)Rescission- back to where they started before contract
2)Damages