Contract Law: Misrepresentation 0.0 / 5 ? LawContractUniversityAll boards Created by: 10dhallCreated on: 18-08-18 22:08 What is misrepresentation? A pre-contractual false statement that induces a contract - has to be a fact 1 of 19 What is voidable? Contract is valid but you can no longer continue with it, can sue for a voidable contract 2 of 19 What is void? No effect at the beginning, if there is a misrepresentation it makes your contract voidable, contract basically was never made 3 of 19 What can amount to misrepresentation? Silence, conduct, false statement, omission 4 of 19 What are some case examples on misrepresentation? Gordon v Selico: property, concealed dry rot. Horsfall v Thomas: defect gun, no inspection, no misrepresentation. 5 of 19 What are the types of misrepresentation? Fradulent, negligent, innocent 6 of 19 What is fraudulent misrepresentation? Knowing it is false, not believing it is true 7 of 19 What is negligent misrepresentation? An honest belief that the statement is true but no reasonable grounds for the belief, failed duty to use reasonable care and skill to check accuracy 8 of 19 What is innocent misrepresentation? Honestly believes the statement is true and reasonable grounds for that belief, however the statement turns out to be false 9 of 19 What are the remedies for misrepresentation? Rescission alone, rescission and damages, damages alone 10 of 19 What is a rescission alone? Setting aside the contract, this is available in all types unless the right to rescission is lost 11 of 19 What is rescission and damages? Both remedies are available in cases of fraudulent and negligent misrepresentation, in an innocent the remedy will be either one - not both 12 of 19 What is damages alone? Are available for all types, damages alone will be awarded when the right to rescission is lost 13 of 19 What is a case on misrepresentation (celebrity)? Spice Girls v April 14 of 19 Can opinions form a misrepresentation? Yes, if the person has specialist knowledge or is in a better position to know the truth 15 of 19 What is a requirement for misrepresentation? There has to be a false statement of fact or law - the representee has to show that the false statement induced them to enter the contract 16 of 19 What statute is misrepresentation under? S.2 (1) Misrepresentation Act 1967 17 of 19 Where was fraudulent misrepresentation defined? In Derry v Peek 18 of 19 What is a wholly innocent misrepresentation? When the representer can demonstrate reasonable belief in the truth of the statement 19 of 19
Comments
No comments have yet been made