misrepresentation

Question 1

misrepresentation meaning

Answer 1

untrue statement of fact which induces a person to enter a contract

Question 2

remedies for misrepresentation

Answer 2

recission
damages

Question 3

what is recission

Answer 3

contract is set aside and the parties give back their benefit of the contract

Question 4

what does not count as misrep

Answer 4

opinion
forecast / statement of intention
trading puffery
statements of law
silence / non-disclosure

Question 5

what must an opinion be so that it is not counted as misrepresentation

Answer 5

• genially believed by the party making the statement but may be false
• must be an uninformed opinion
• cannot contradict other facts known by the party
• more likely to be an opinion if the giver is less informed than the receiver

Question 6

case for “uniformed opinion”

Answer 6

Bisset v Wilkinson

Question 7

when was the case for Bisset v Wilkinson

Answer 7

1927

Question 8

case for “opinion must not contradict other facts know by the party”

Answer 8

Smith v Land & House Property Corp

Question 9

when was the case for Smith v Land & Property Corp

Answer 9

1884

Question 10

case for “more likely to be an opinion if the giver is less informed than the receiver”

Answer 10

Esso v Mardon

Question 11

when was the case for Esso v Mardon

Answer 11

1976

Question 12

what is forecasts / statement of intention

Answer 12

statement of intention is not a statement of fact unless a person has no intention to do the agreed action in the future

saying that you will do one thing but you do another

Question 13

case for “statement of intention”

Answer 13

Edington v Fitzmaurice

Question 14

when was Edington v Fitzmaurice

Answer 14

1885

Question 15

what is trading puffery

Answer 15

a statement of fact does not include exaggerated advertising or vague boasts

Question 16

trading puffery case

Answer 16

Fordy v Harwood

Question 17

when was Fordy v Harwood

Answer 17

1999

Question 18

what happens when law is misrepresented

Answer 18

we assume that everyone knows the law
if there is misrep of law you can sew

Question 19

case for misrep of law

Answer 19

Pankhania v Hackney London Borough Council

Question 20

when was Pakhania v Hackney London Borough Council

Answer 20

2002

Question 21

what is silence and disclosure in misrep

Answer 21

no legal obligation to disclose a material fact known to another party

Question 22

what does caveat emptor mean

Answer 22

let the buyer beware

Question 23

case for the silent rule

Answer 23

fletcher v krell

Question 24

when was fletcher v krell

Answer 24

1873

Question 25

exception to the silent rule

Answer 25

-representations by conduct -deliberately concealing defects in goods -half truths

Question 26

case for "representation by conduct"

Answer 26

R v Barnard

Question 27

when was R v Barnard

Answer 27

1837

Question 28

case for "deliberately concealing defects in the goods"

Answer 28

Gordon v Selico

Question 29

when was Gordon v Selico

Answer 29

1986

Question 30

case for "half truths"

Answer 30

dimmock v Hallett

Question 31

when was Dimmock v Hallett

Answer 31

1866

Question 32

what happens when there is a false statement that doesn't induce someone into a contract

Answer 32

there is is no misrepresentation

Question 33

case for inducement through misrep

Answer 33

Smith v Chadwickw

Question 34

when was Smith V Chadwick

Answer 34

1884

Question 35

challenges with proving inducement

Answer 35

-when you have the opportunity to discover the truth but fails to take it -when you test the accuracy but fail to discover the truth -when a 3rd party is introduced to test accuracy but fails to discover the truth -where there is more than 1 inducement

Question 36

case for "has opportunity to discover the truth but fails to take it "

Answer 36

redgrave v hurd

Question 37

when was redgrave v hurd

Answer 37

1881

Question 38

case for "3rd party is introduced to test accuracy but fails to discover the truth"

Answer 38

attwood v small

Question 39

when was aattwood v small

Answer 39

1838

Question 40

case for "not always possible to rescind the contract"

Answer 40

Car & Universal Finance v Caldwell

Question 41

when was Car & Universal Finance v Caldwell

Answer 41

1964

Question 42

what has to happen for there to be recission

Answer 42

-must stop using the product -lapse of time -is restitution impossible

Question 43

case for "stopping using the product to rescind"

Answer 43

long v lloyd

Question 44

when was long v lloyd

Answer 44

1958

Question 45

case for "when restitution is impossible"

Answer 45

erlanger v new sombrero phosphate co

Question 46

when was erlanger v new sombrero phosphate co

Answer 46

1878

Question 47

case for "lapse of time"

Answer 47

leaf v international galleries

Question 48

when was leaf v international galleries

Answer 48

1950

Question 49

categories of misrepresentation

Answer 49

-common law negligent mis-statement -negligent misrepresentation -wholly innocent misrepresentation

Question 50

what is common law negligent mis-statement

Answer 50

false statement made with no reasonable grounds of believing it to be true

Question 51

case for "common law negligent mis-statement"

Answer 51

hedley byrne v heller

Question 52

when was hedley byrne v heller

Answer 52

1964