Vitiating Factors

Question 1

Definition of misrepresentation

Answer 1

An untrue statement of fact with induces you to enter into the contract

Question 2

Stage one

Answer 2

Explain the nature of the misrep (identify the lie)

Question 3

An opinion cannot be a misrepresentation

Answer 3

Bisset v Wilkinson

Question 4

Saying something with no intention of doing it is a misrepresentation

Answer 4

Edgington v fitzmaurice

Question 5

Misrepresentation by actions or conduct

Answer 5

Spice girls v Aprilla world

Question 6

Silence cannot be a misrepresentation

Answer 6

Fletcher v krell

Question 7

Part truth can be a misrepresentation

Answer 7

Dimmock v Hallet

Question 8

If a statement is true when made, it can become a misrep if it becomes false before the contract is made

Answer 8

With v O’Flanagan

Question 9

Stage two

Answer 9

Did the misrepresentation induce you to enter into the contract (Atwood v small)

Question 10

Stage three

Answer 10

Identify the type of misrepresentation

Question 11

Fraudulent misrepresentation

Answer 11

A statement made which you know is untrue

Question 12

Negligent misrepresentation

Answer 12

When you tell an untrue statement and believe it’s true but have no reasonable grounds

Question 13

Innocent misrepresentation

Answer 13

When you believe you are telling the truth and have reasonable grounds to believe it.

Question 14

Remedies

Answer 14

Can claim rescission or damages for neg and fraud but only rescission for innocent