A statement of material fact made prior to the contract by one party to the other that is false or misleading and which induced the other to enter into the agreement
1 of 22
Opinions cannot be misrep as they are not fact
Bissett V Wilkinson
2 of 22
Opinions can be fact if the party stating it has specialist knowledge
Esso V Mardon
3 of 22
Statements of future intent are speculation unless they are a wilful lie
Edgington V Fitzmaurice
4 of 22
Sales talk holds no contractual significance
Dimmock V Hallet
5 of 22
Non-Disclosure
Keate V Cadogan
6 of 22
Non-Disclosure exception (courts)
Synborn Corporation V Rochem
7 of 22
Contracts in utmost good faith
One party has a stronger position to know the truth than the other
8 of 22
Half Truth
Notts Patent Bricks and Tile Co V Butler
9 of 22
Change of Circumstances
With V O'Flanagan
10 of 22
Fiduciary Relationships
Relationships based on trust in professional circumstances
11 of 22
Made Prior to the Contract
Roscorla v Thomas
12 of 22
Claimant aware of the statement
Horsefall V Thomas
13 of 22
Claimant relies on the statement
Attwood V Small
14 of 22
Party has the opportunity to verify information but doesn't
Redgrave V Hurn
15 of 22
Negligent Misrepresentation
Hedley Byrne V Heller
16 of 22
Fraudulent Misrepresentation
Derry V Peek
17 of 22
Developed Economic Duress
The Atlantic Baron
18 of 22
Duress established
Pao on V Lau Yiu Long
19 of 22
Unlawful threats are generally economic duress
Atlas Express V Kafco
20 of 22
Lawful threats usually arent economic duress
CTN Cash and Carry V Gallagher
21 of 22
Lord Scarmans factors
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22 of 22
Other cards in this set
Card 2
Front
Opinions cannot be misrep as they are not fact
Back
Bissett V Wilkinson
Card 3
Front
Opinions can be fact if the party stating it has specialist knowledge
Back
Card 4
Front
Statements of future intent are speculation unless they are a wilful lie
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