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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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

Comments

No comments have yet been made