Misrepresentation

Question 1

Derry v peek

Answer 1

Sets out the foundation that misrepresentation must involve a false statement made to induce the contract

Question 2

Key elements for misrepresentation

Answer 2

1) false statement of fact
2) made before or at the time of contact

Question 3

Fletcher v krell

Answer 3

Silence is not a misrepresentation

Question 4

Dimmock v Hallet

Answer 4

Silence can be valid in misrepresentation if its a half truth

Question 5

Attwood v small

Answer 5

Buyer didn’t rely on the statement so no inducement = no misrepresentation

Question 6

Types of misrepresentation

Answer 6

1) innocent
2) negligent
3) fraudulent

Question 7

Remedies for misrepresentation

Answer 7

1) recission
2) damages