Misrepresentation (Case Law)

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Avon Insurance
Negligent/innocent misrepresentation now covered under the Misrepresentation Act, when before only remedy where the tort of deceit would allow
1 of 18
Smith v Land & House Property Corporation
"most desirable tenant" - Bowen LJ: if facts are not equally known to the parties, then 'opinion' by one who knows the facts may impliedly state that he knows facts that justify it
2 of 18
Zurich Insurance v Hayward
H was making a claim on the insurance and exaggerated symptoms. Clarke: as long as it was A reason, it didn't need to be the SOLE reason. Strong inference that a fact that is a 'material' representation is causative
3 of 18
Peekay Intermark (CA)
Purchaser signed the documentation so they are both bound by it - estopped themselves from denying they had read it.
4 of 18
Whittington v Seale-Hayne
Poultry farm misstated as in 'good sanitary condition'. D had to pay an indemnity against the cost
5 of 18
Erlanger v New Sombrero
Equity will take account of rent and make allowances for deterioration in property cost while tenant was in possession. T can reclaim their rent, but L can keep the value of the property for the period.
6 of 18
Spence v Crawford
Stricter for fraud: but even when D is fraudulent, D must not be robbed and C must not be doubly compensated.
7 of 18
Salt v Stratstone Specialist
Sale of a 'brand new car'. Longmore J: the normal remedy we look to is rescission but C could never give back a 'brand new ownerless car'. However, if this barred rescission then no owner of any car could use this remedy.
8 of 18
William Sindall v Cambridge CC
Property market caused value to drop by £6million, and there was a pipeline where it shouldn't have been. (obiter) If there had been a misrepresentation about the pipeline, the loss to Sindall would £18k but the loss to Cambridge would be £6million
9 of 18
Doyle v Olby
D must make reparation for all actual damages flowing from the inducement - cannot say it was not reasonably foreseen
10 of 18
Royscot Trust
To suggest a different measure of damage for an innocent misrepresentor is to ignore Section 2(1) of the statute
11 of 18
Howard Marine v Odgen
D selling barges and misrepresented the capacity. CA: D had not been diligent and investigated the discrepancy.
12 of 18
Esso v Mardon
D (Esso) said the filling station had a 200k capacity, but it only had a 70k. Planning challenges had also caused problems to C. There had been a collateral promise that there was reason to predict 200k.
13 of 18
Cassa di Risparmio v Barclays Bank
Silence by itself will not found a claim in misrepresentation.
14 of 18
Robbins v Jones
Erle CJ: fraud aside, there is no law against letting a tumble-down house. No duty to disclose facts.
15 of 18
Walford v Miles
Lord Ackner: a general duty of faith would be repugnant to the adversarial style of contracting
16 of 18
Intrepreneur v East Crown
An entire agreement clause will preclude a party to a written agreement from threshing through the undergrowth to find some remark or statement on which to found a collateral warranty
17 of 18
Smith v Hughes
Blackburn J: if he conducts himself that a reasonable man would think he was assenting to terms proposed by the other party and the other party on that belief contracts, the man will be equally bound as if he had intended to agree
18 of 18

Other cards in this set

Card 2

Front

"most desirable tenant" - Bowen LJ: if facts are not equally known to the parties, then 'opinion' by one who knows the facts may impliedly state that he knows facts that justify it

Back

Smith v Land & House Property Corporation

Card 3

Front

H was making a claim on the insurance and exaggerated symptoms. Clarke: as long as it was A reason, it didn't need to be the SOLE reason. Strong inference that a fact that is a 'material' representation is causative

Back

Preview of the back of card 3

Card 4

Front

Purchaser signed the documentation so they are both bound by it - estopped themselves from denying they had read it.

Back

Preview of the back of card 4

Card 5

Front

Poultry farm misstated as in 'good sanitary condition'. D had to pay an indemnity against the cost

Back

Preview of the back of card 5
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