Contract Law - Misrepresentation: An Invalidating Factor

If an invalidating or vitiating factor is found, this could affect the contract.

Teacher recommended

?
  • Created by: Emma
  • Created on: 31-05-09 15:37
If a misrepresentation occurs, how may the contract be affected?
Void contract (as if the contract never existed and no rights or obligations under the contract take effect) and voidable contract (contract still exists but can be "avoided" by the innocent party if he chooses and the contract can be rescinded)
1 of 4
What is a "misrepresentation"
An untrue statement of fact intended to induce the other party into a contract
2 of 4
What was established by the case of Pankhania -v- Hackney London Borough Council?
A misrepresentation can be a false statement of law
3 of 4
Does either party have an obligation to disclose facts that might affect the contract?
Not unless the other party enquires
4 of 4

Other cards in this set

Card 2

Front

What is a "misrepresentation"

Back

An untrue statement of fact intended to induce the other party into a contract

Card 3

Front

What was established by the case of Pankhania -v- Hackney London Borough Council?

Back

Preview of the front of card 3

Card 4

Front

Does either party have an obligation to disclose facts that might affect the contract?

Back

Preview of the front of card 4

Comments

Smith E

Report

This quiz tests the basic principles of misrepresentation, namely, what constitutes a representation. Although types of misrepresentation are not addressed, or issues such as remedies, it would be a good revision tool for a student who is starting to memorise the material. 

Similar Law resources:

See all Law resources »See all Contract law resources »