4 elements of Actionable misrep.
- Created by: anurai95
- Created on: 04-12-16 13:30
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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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