4 elements of Actionable misrep.

  • Created by: anurai95
  • Created on: 04-12-16 13:30

1. False statement

GR: silence = X misrep

  • No duty of disclosure

-  Caveat Emptor = Buyer be aware!!

  • Case: Fletcher v Krell [1873]

- a lady, post ='governess', X reveal was a divercee & was dismissed.

- she sued for wrongful dismissal // employer argued misrep. 

  • Held: Silence X false statement

Exceptions : where silence = lies/misrep

If either applies, silence = actionable *(giving sufficient reason to take legal action)

1.)  Uberrimae Fidei

 parties are of unequal level of knowledge (e.g. insurance ctts) 

2.) Fiduciary relationship

relationship of


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