CONTRACT LAW. The commercial law and bankruptcy curriculum builds on the first year courses in Contracts and Bargain, Exchange & Liability to examine four special types of ... (also called Secured Credit Transactions); Payment Systems; Sales &. Lease
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Misrepresentation Flashcards Preview Contract Law > Misrepresentation > Flashcards Flashcards in Misrepresentation Deck (10): 1
Misrepresentation Act 1967 2(1) - Burden on D to prove reasonable grounds to believe // Damages // Dam for Innocent same as Fraudulent 2 (2): Judicial discretion to award dam in lieu of rescission 3: avoidance - need to pass reasonableness test 2
Redgrave v Hurd 1881 Induced? - significant cause 3
Car & Universal Finance v Caldwell 1965 Election to Rescind - ask police to find car 4
Esso Petroleum v Mardon 1967 Not Opinion - Had Specialist Knowledge 5
Royscot Trust v Rogerson 1991 s2(1) - Reliance Measure [dealer misstated figures - Innocent M - same damages as Fraudulent] 6
William Sindall v CambridgeShire CC 1994 s2(2) - Bad Bargain - Damages Discretion Existence of pipe unknown - caveat emptor 7
JP Morgan v Springwell 2010 Avoiding Liability S3 MIS ACT - UCTA S11 Reasonableness - substance of clause Clause - not actionable statements - satisfy UCTA test 8
AXA SUN LIFE SERVICES v Campbell Martin 2011 Avoiding Liability CAN EXCLUDE - express excl clauses OR No representation/ no reliance clause Here - Entire Agreement Clause - no effect on M Fail UCTA reasonableness 9
Hayward v Zurich Insurance Co Plc 2016 INDUCED = 'impact on the mind' + 'influence on the judgement' No need to believe representation was true Witness Statement 10
Shogun Finance v Hudson 2003 Mistake of Identity Face to Face Presumption Rebuted - credit check Decks in Contract Law Class (7): Offer And Acceptance Consideration And Promissory Estoppel Express And Implied Terms Unfair Terms Misrepresentation Duress And Undue Influence Remedies