Misrepresentation - requirements

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  • Misrep
    • What is a misrep?
      • A statement of fact, which one party makes in course of negotiations with a view to inducing the other party, which is false.
    • A false statement
      • Distinction between an opinion and a rep
      • A comment is more likely to be a rep if made by an expert
        • Bisset v Wilkinson
        • Esso Petroleum v Mardon
      • Distinction between a trade puff and a rep
      • Silence cant be a statement
    • Made by one party to the other
    • Induces party into contract
      • If the misrep was not relied on - cant sue
        • Attwood v Small
      • If the existence of misrep was unknown - cant sue
        • Horsfall v Thomas
    • Must be made prior to contract
      • If its made after it cant be an inducement
        • Roscorla v Thomas

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