Misrepresentation Flashcards
(22 cards)
Gahan v Bolland
Reliance requirement - day-to-day life type
Cody v Connolly
Reliance requirement - detrimentalaction
Smith v Lynn
Doubt arises as to mere sales talk
Bisset v Wilkinson
Doubt arises as to statements of opinion (unless it comes from someone with expertise Esso v Manson)
Edginton v Fitzmaurice
Statement of intention dispells doubt
Doolan v Murray
Statement of law is not actionable, except in fraudulent statements of law, of foreign law, and of private rights
Kennedy v Henessey
Silence is not misrepresentation
Carbin v Somerville
Silence is not misrepresentation unless there is active concealment
Skyes v Taylor Rose
Silence is not misrepresentation unless there is a confusing or misleading statement
Spice Girls v April
Silence is not misrepresentation unless a statement was true when made but becomes false when the contract is agreed
Coleman v New Ireland
Silence is not misrepresentation unless there is a legal duty to speak, as in land and insurance cases
Phelps v Reade
Remedy for statements which have guaranteed to be true by price or by express terms are damages proportionate to what P lost
Carbin v Somerville /or/ Moran Orchanda ltd
For tort of deceit/ false statement, D must have known of the falsity /or/ have been reckless to the falsity’s existence
Fenton v Schofield
remedy for tort of deceit is what P’s financial condition would be if they didn’t enter the contract
But D under fraud is liable for all loss caused by fraudulent misstatement (Smith v Scrimgeaur)
Stafford v Mahony
D’s duty of care must be proven to P specifically
Esso v Mardon
Example of tort of negligent misstatement
Henley Byrne
Explicit exclusion clause allows tort of negligent misstatement
Remedies for tort of negligent misstatement
Damages = reliance measure, but D is not liable for loss too distant or unproven
Supply of Goods 1980 Act s.45
A statement in contract negotiations is PRESUMED fraudulent - where a contract is made after a false statement by one party
(burden of prove on whoever made the statement, O’Donnel v Truck Sales)
Remedy for tort of fraud
Damages = reliance measure
As its considered fraud, D is liable for all loss caused by false statement even if remote or unforeseeable
Recession is available for any misrepresentation, if it meets…
-impossibility of recession
-intervention on 3rd party rights
-if victim deals that contract remains in force
-delay in seeking remedy
-contract is already fully executed, unless its fraudulent
Remedies short of recession include…
Enforcement and abatement
damages in lieu ……..
Partial rescission - Irish authority is undecided on this
