misrepresentation

Question 1

what is a vitiating factor?

Answer 1

something that makes a contract void or voidable

Question 2

what is a representation?

Answer 2

a statement that was not incorporated into the contract and is not legally binding on the contract

Question 3

who is the representor?

Answer 3

the person making the rep

Question 4

who is the representee?

Answer 4

the person receiving the rep

Question 5

what does void mean?

Answer 5

the contract is not legally valid so not binding

Question 6

what does voidable mean?

Answer 6

the contract is valid but the innocent party can declare the contract invalid and not legally binding

Question 7

what is the effect of misrep on a contract?

Answer 7

makes a valid contract voidable

Question 8

what is the definition of misrepresentation?

Answer 8

a false statement of fact made by a party in the contract that includes the other party to enter the contract

Question 9

what are the elements of misrep?

Answer 9

-d makes a false statement
-it is a statement of fact
-it is made by a party to a contract
-the statement induced the other party to enter into the contract

Question 10

what can amount to a statement?

Answer 10

-verbal statements
-packaging
-conduct
-adverts
-written statement

Question 11

what is the case that says what usually amounts to a statement?

Answer 11

Spice Girls v Aprillia World Service

Question 12

what is the general rule regarding silence?

Answer 12

non-disclosure or silence cannot amount to a false statement

Question 13

what is the case for silence not being a false statement?

Answer 13

Fletcher v Krell

Question 14

what are the 4 exceptions to the general silence rule?

Answer 14

-contracts with a high degree of trust
-half truths
-change of circumstances
-consumer rights

Question 15

what is the case for contracts with a high degree of trust?

Answer 15

Tate v Williamson

Question 16

what is a half truth?

Answer 16

where the seller made a statement that was technically true, but failed to reveal the full situation

Question 17

what is the case for half truths?

Answer 17

Dimmock v Hallet

Question 18

what is the case for change of circumstances?

Answer 18

With v O’Flanaghan

Question 19

what does consumer rights say?

Answer 19

if a business leaves out any important information that would be enable a consumer to make an informed decision, it can be misrep

Question 20

what 3 things will not amount to a statement of fact?

Answer 20

-statements of opinion
-statements of future intention or conduct
-‘puff’ or mere sales talk

Question 21

what is the case for statements of opinion not being facts?

Answer 21

Bisset v Wilkinson

Question 22

what is the exception to the rule about opinions?

Answer 22

if the seller has special knowledge or skills it is more than a mere opinion

Question 23

what is the case for the exception to opinion?

Answer 23

Smith v Land and House

Question 24

what is the case for statements of future intentions?

Answer 24

Edgington v Fitzmaurice

Question 25

who counts as a false statement must be made by a party to the contract?

Answer 25

the seller, not a third party like a reviewer

Question 26

what does a false statement must induce the other party to enter into the contract mean?

Answer 26

this means c must have relied upon the statement when deciding to enter into a contract

Question 27

what are the cases for the statement inducing c?

Answer 27

-Horsefall v Thomas - worked -Attwood v Small - didn't work

Question 28

what case shows that c did not have to take reasonable steps to check the info given by d?

Answer 28

Redgrave v Hurd

Question 29

what does Redgrave v Hurd say?

Answer 29

even though a reasonable person may have double checked the information, all that mattered was that the buyer did actually rely on the statement

Question 30

what are the 3 types of misrep?

Answer 30

-innocent misrep -negligent misrep -fraudulent misrep

Question 31

which act defines the types of misrep?

Answer 31

s2(1) misrepresentation act 1967

Question 32

what does the s2(1) misrepresentation act 1967 define innocent misrep as?

Answer 32

one that is false, but which the representor believed to be true and had reasonable grounds to believe the statement to be

Question 33

what is the case for innocent misrep?

Answer 33

Leaf v International Galleries

Question 34

what is negligent misrep?

Answer 34

where the representor believe their statement to be true but does not have reasonable grounds to believe it

Question 35

what is the case for negligent misrep?

Answer 35

Howard Marine v Ogden

Question 36

what is fraudulent misrep?

Answer 36

where the representor makes a statement that they know is not true

Question 37

what is the case for negligent misrep?

Answer 37

Derry v Peak

Question 38

what are the 2 main remedies for misrep?

Answer 38

-rescission -damages

Question 39

what misreps do rescission apply to?

Answer 39

all misreps

Question 40

what are the 4 bars for rescission?

Answer 40

-it is impossible to return the parties to their original decision -delay -the contract is affirmed (continued) -the innocent third party has gained rights over the property

Question 41

what is the case for it being impossible to return the parties to the og position?

Answer 41

Vigers v Pike

Question 42

what is the case for delay?

Answer 42

Leaf v International Galleries

Question 43

what is the case for the contract being affirmed?

Answer 43

Long v Lloyd

Question 44

what is the case for an innocent third party gaining the rights?

Answer 44

Lewis v Avery

Question 45

which is the normal remedy for innocent misrep?

Answer 45

rescission but the courts can give damages if they think it better fits

Question 46

what is the case for innocent misrep getting damages?

Answer 46

Govt of Zanzibar v British Aerospace

Question 47

what is the case for types of damages being the same in negligent as fraudulent?

Answer 47

Royscot Trust Ltd v Rogerson

Question 48

what case says damages can be a substitute for rescission in negligent misrep?

Answer 48

Salt v Strastone

Question 49

what can c claim in fraudulent?

Answer 49

they can claim all expenses directly arising from the misrep even if they are not reasonably foreseeable

Question 50

what case says about claiming all damages in fraudulent?

Answer 50

Doyle v Olby

Question 51

which case shows that damages can be claimed for the money c could have made?

Answer 51

East v Maurer

Question 52

the end