6. A misrepresentation cannot be a statement of opinion
True
False
7. Which cases, comparatively, illustrate this point?
Bissett -v- Wilkinson and Smith -v- Land & House Property Corp
Pankhania -v- Hackney London Borough Council and Gordon -v- Selico
Sykes -v- Taylor-Rose and Nottingham Patent Brick & Tile Co -v- Butler
8. A statement of intention, unless promising to do something when there is absolutely no intention of actually doing it, cannot be a misrepresentation
True
False
9. A "mere puff" can be a misrepresentation
False
True
10. Does either party have an obligation to disclose facts that might affect the contract?
Not unless the other party enquires
Yes
No
11. Which case illustrates the above point?
Nottingham Patent Brick & Tile Co 0c
Sykes -v- Taylor-Rose
Smith -v- Land & House Property Corp
Gordon -v- Selico
12. A misrepresentation can occur where a contracting party tells a "half-truth"
True
False
13. Which case illustrates this point?
Smith -v- Land & Hose Property Corp
Sykes -v- Taylor-Rose
Nottingham Patent Brick & Tile Co -v- Butler
Gordon -v- Selico
14. A contracting party is not obliged to disclose facts where a statement becomes inaccurate due to a change in situation
False
True
15. Which case demonstrates this point?
Re Northumberland & Durham Banking Co
Attwood -v- Small
With -v- O
Nottingham Patent Brick & Tile Co -v- Butler
16. Parties have a duty to disclose facts where the contract is made in the 'utmost good faith' (uberrimae fidei) where facts may influence the other party
True
False
17. Which case illustrates the point that there is no misrepresentation where the claimant was unaware of the existence of a false statement at the time he entered into the contract
Sykes -v- Taylor-Rose
Redgrave -v- Hurd
Re Northumberland & Durham Banking Co
With v O'Flanagan
18. If a false statement is made and the other party decides to check the facts out for himself and wrongly decided the statement was true, he did not rely on the false statement and therefore no misrepresentation occurs
True
False
19. Which case illustrates the above point?
Redgrave -v- Hurd
Attwood -v- Small
Re Northumberland & Durham Banking Co
With -v- O'Flanagan
20. If a representee decides to enter into a contract and does not bother to check the truth of the statement, he can sue for misrepresentation if the statement is untrue