Failure to speak following change in circumstance does amount to a misrepresentation
3 of 23
Dimmock v Hallet 1866
A half truth can be a misrepresentation
4 of 23
Nottingham Patent Brick & Tile Co v Butler 1886
If D makes statement which is only true as he has not checked then it is a misrepresentation
5 of 23
Lambert v Cooperative Insurance Society 1975
There is a duty to disclose all material facts if contract is Uberrimae Fidei (of utmost good faith)
6 of 23
Bisset v Wilkinson 1927
If it is a statement of opinion then it is not a misrepresentation
7 of 23
Edgington v Fitzmaurice 1885
Statement of opinion may involve a statement of fact by implication
8 of 23
Museprime Properties Ltd v Adhill Properties Ltd 1990
Only a misrepresentation if misstatement induces person to enter contract
9 of 23
Atwood v Small 1838
If C investigates whether D's statement is true then C cannot claim misrepresentation
10 of 23
Redgrave v Hurd 1881
If person is given opportunity to test accuracy of statement and does not, they can still claim misrepresentation
11 of 23
Derry v Peek 1889
False statement is fraudulent if it is made:
I) Knowingly, or
ii) Without belief in its truth, or
iii) Recklessly, careless as to whether it could be true or false
12 of 23
Doyle v Olby 1969
Damages for fraudulent misrepresentation must be calculated on tort princples
13 of 23
Hedley Byrne v Heller
Negligent misstatement (law of torts) is used when there is a special relationship between the parties
14 of 23
Howard Marine v Ogden & Sons
For negligent misrepresentation the D must prove he was not negligent and that he believed his statement was true after the C has proved the representation was false
15 of 23
Lewis v Avery 1972
Rescission will not be granted if the effect would disturb an innocent party's rights
16 of 23
Vigers v Pike 1842
If parties cannot be returned to position they would have been in before the contract then there will not be a rescission
17 of 23
Long v Lloyd 1958
If the party continues with the contract when aware of the misrepresentation then the right to rescission is lost
18 of 23
Leaf v International Galleries 1950
If action is not brought within reasonable time then the courts will not grant rescission
19 of 23
Smith & New Court Securities v Scrimgeour Vickers 1996
All direct damages are recoverable, not only those that are reasonably foreseeable (fraudulent misrepresentation)
20 of 23
East v Maurer 1991
Occasionally loss of profits can be claimed (fraudulent misrepresentation)
21 of 23
Royscot v Rogerson
If negligent misrepresentation is bought under The Misrepresentation Act S2(1) then the correct approach to calculate damages owed is the same as fraudulent misrepresentation
22 of 23
Zanzibar v British Aerospace Ltd 2000
In innocent misrepresentation it is debatable whether damages can be awarded when the right of rescission has been lost
23 of 23
Other cards in this set
Card 2
Front
Silence is not misrepresentation
Back
Fletcher v Krell 1873
Card 3
Front
Failure to speak following change in circumstance does amount to a misrepresentation
Back
Card 4
Front
A half truth can be a misrepresentation
Back
Card 5
Front
If D makes statement which is only true as he has not checked then it is a misrepresentation
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