Misrepresentation Flashcards - Contract Law | Brainscape [PDF]

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Misrepresentation Flashcards Preview Contract Law > Misrepresentation > Flashcards Flashcards in Misrepresentation Deck (38): 1

Dick Bentley Productions v Harold Smith objective test - would a reasonable person say it is a representation? 2

Walters v Morgan 'a nod or a wink' intended to induce vendor to believe the existence of a non-existing fact may be actionable 3

Gordon v Selico trying to hide dry rot rather than fix it - purposeful way of covering made it a statement not just silence 4

Spice Girls v Aprilla mere silence is not enough but they conducted themselves in a way that made a rep that Gerri wasn't leaving (photoshoots) 5

McInerny v Lloyd's Bank has to be 'unambiguous false statement' - here they just read it wrong and misinterpreted the statement - not misrepresentation 6

Pankhania v Hackney wrong statement of law can give rise to misrepresentation 7

Smith v Land and House 1884 both parties know facts equally - expression of one is just an opinion - if facts were not known to both sides, a statement of opinion can become a statement of fact 8

Bisset v Wilkinson if vendor isn't an expert then it is just an opinion 9

Esso Petroleum v Mardon Esso rep deemed to have superior knowledge so they are under a duty to put reasonable care into statement to make sure it is correct 10

Beattie v Ebury statements of future intention are not actionable (bc cannot be true or false at the time it is made) 11

Wales v Wadham statements of future intention CAN BE ACTIONABLE - if you had no intention to keep the promise at the time or you know you cannot keep the promise 12

Dimmock v Hallet land was 'fertile and improvable' - so specific NOT a mere puff 13

Smith v Land and House 1885 let out to "the most desirable tenant" - vague but relied on it - vendor had superior knowledge - actionable = not mere puff 14

Keates v the earl of cadogan english law does not require a duty of disclosure so silence is not actionable 15

half truths not silence so actionable 16

Continuing representations (duty to correct representations if they later find it false) With v O'flanagan Fitzroy v Mentmore 17

Smith v Eric S Bush misrep has to be addressed directly to the party or a third party with intention that it is to be passed onto the claimant 18

inducement reasonable person test? - mixed response 19

Raifessisen Zentralbank v Bank of Scotland implies a 'but for' test for inducement 20

Mattias v Yetts implies that if a material misstatement is made it is inferred that he is induced to enter because of it - no proof needed it is presumed 21

Museprime v Adhill no inducement or misrepresentation if it is not communicated 22

Horsfall v Thomas active concealment of defect - but buyer did not inspect - nothing communicated - not actionable misrep 23

Attwood v Small -independant investigator said the same thing as vendor - no misep because he was not induced by vendor but by investigator 24

Derry v Peek For tort of deceit (fraudulent mis rep) - representee has to prove that fraud has occurred 25

Hedley Bryne tort of negligence claim - here, bank owns a duty of care so they breached it when failing to take reasonable care when giving information about financial soundness of 3rd party 26

The Wagon Mount measure of damages is vulnerable to rule of remoteness 27

Howard Marine v A Ogden & Sons under s.2(1) of mis rep act 1967 - very hard to shift assumption - burden of proof on representor 28

Royscott Trust v Rogerson 'fiction of fraud' - person who isn't fraudulent is treated as just as liable as a fraudulent one 29

Islington LBC v UCKAK voidable contracts exist 'until and unless it is set aside by an order of rescission made by the court at the instance of the party seeking to terminate it' 30

Car & Universal Finance v Caldwell speaking to police is a reasonable step to express desire that he wants to rescind the contract 31

Long v lloyd bar to rescission - representee affirms 32

Leaf v international galleries lapse of time can bar recession 33

Clark v Dickson no rescission if restitution is impossible 34

Phillips v Brooks 1919 claimant must communicate decision to rescind before goods are passed on (bar to rescission) 35

Doyle v Olby doesn't matter if D foresaw or not, still liable 36

Smith New Court securities v Scrimgeour Vickers unforeseeable losses can only be claimed under deceit 37

Clef Aquitaine SARL v laporte Materials claimed damages for losing money from another contract he could have entered into - huge extension from the tort of deceit - consequential losses!! 38

4 Eng v Harper - c can claim consequential damages Decks in Contract Law Class (7): O Amp A Main Cases Consideration Main Cases Estoppel Main Cases Mistake Misrepresentation Common Law Terms Limiting Facotrs Home Flashcards Teachers Companies About Contact Blog Pricing Gifts Terms Help Center Brainscape is a web and mobile study platform that helps you learn things faster. Our mission is to create a smarter world by simplifying and accelerating the learning process. © 2018 Bold Learning Solutions. Certified Flashcards All Flashcards: A B C D E F G H I J K L M N O P Q R S T U V W

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