Misrepresentation - requirements
- Created by: Molly Byrne
- Created on: 19-03-15 13:52
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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
- If the misrep was not relied on - cant sue
- Must be made prior to contract
- If its made after it cant be an inducement
- Roscorla v Thomas
- If its made after it cant be an inducement
- What is a misrep?
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