Misrepresentation Flashcards
(27 cards)
What is Misrepresentation?
‘false statement of material fact made by a party to a contract that induced the other party to enter’
What must there be for misrep. ?
statement was FALSE
was a statement of fact
made from 1 party to another
Induces
What does Fletcher V Krell show about false statements ?
silence is NOT misrepresentation
What case shows silence in a relationship based on trust is misrepr. ?
Tate V Williamson
What does With V O’Flanagan say ?
silence w something that was true when it was said but becomes false = misrep.
What case shows a half truth is misrep. ?
Dimmock V Hallett
What was shown in Spice Girls V Aprilia ?
silence where there is conduct cna b misrep.
What did Lambert V Co-op Insurance show about silence w insurance?
contract of ‘utmost good faith’ can b misrep. if failure to tell all facts
What did the Consumer Insurance (Disclosure & Represent.) Act 2012 say (2 things) ?
1) if didn’t realise should disclose info. insurance ✅ but payout reduced
2) if did realise can avoid contract and keep past payments
What is a statement of fact & case ?
statement of mere opinion rather than fact isn’t misrep. (Bisset V Wilkinson)
What case showed expression of future plans cant be misrep. ?
Edgington V Fitzmaurice
3rd element ?
made from one party to another
What does induces mean ?
false statement must induce other party to enter the contract
How does Attwood V Small show when a statement doesn’t induce the contract ?
buyer not rely on sellers statement but on surveyors negligent report
How does Redgrave V Hurt show when a statement does induce and what case is linked ?
buyer relied on what was told, doesn’t matter if could’ve taken reasonable steps to see was false (Musegrove V Adhill)
What does the Misrepresentation Act 1967 say about the 3 types of misrep. ?
Negligent
Fraudulent
Innocent
What is innocent misrep. and what are the remedies ?
when a person makes a false statement & always believes it’s true
recission or damages
What is negligent misrep. ?
where someone makes a false statement & has no reason. grounds to belive it’s true
what does s.2(1) Misrep. Act say about negligent misrep. & case?
if V suffer loss & C prove then burden of proof on D bc liable until can prove reason. grounds to believe (Howard Marine V Ogden & Sond)
What is fraudulent misrep. show in Derry V Peek ?
someone makes false statement and knows it is or reckless as to if lie or not
What does Royscot Trust V Rogerson say about negligent and fraudulent misrep. ?
negligent misrep. easier to prove than fraudulent and measure of loss is the same
What are the remedies for misrep. ?
recission
damages
What is recission ?
puts back in pre contract position
When the isn’t recission a remedy and cases ?
if pre contract position impossible (clarke v dickson)
contract affirmed (carry on w contract) (long v lloyd)
delay (leaf v international galleries)
3rd party got rights of proeprty (lewis v avery)
