- Created by: Emma
- Created on: 31-05-09 20:43
1. Fraudulent misrepresentation is one party to a contract knowingly making a false statement or makes it not believing it to be true or doesnt care about its truthfulness
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Other questions in this quiz
2. Which case defined misrepresentation as a "false statement made knowingly without belief in its truth, or recklessly, careless whether it be true or false?
- Derry -v- Peek
- Howard Marine & Dredging Co Ltd -v- A Ogden & Sons (Excavations) Ltd
- Smith & New Court Securities Ltd -v- Scrimgeour Vickers (Asset Management) Ltd
- Naughton -v- O
3. What are the remedies for fraudulent misrepresentation?
- Rescission of the contract
- Damages or can seek rescission of the contract
4. How are damages measured and assessed?
- On the basis of losses in tort law
- On the basis of losses in contract law
5. What is the aim of any available remedies?
- To allow the injured party to treat the contract as having never been in existence
- To put the injured party back in the position he would have been in had the misrepresentation not occurred
- To compensate for the injured parties loss
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