Misrepresentation

?
Define Misrepresentation (2)
(1) A false statement of fact/ law (2) which induces someone
1 of 31
Why is a representation different to a term?
A representation is made during the course of dealings
2 of 31
3 Rules for a misrepresentation
(1) false statement of fact/ law (2) induces them (3) said close to time contract made
3 of 31
Bisset v Wilkinson // Esso Petroleum v Mardon
Opinion does not amount to a actionable misrepresentation
4 of 31
Smith v Land & House Property Corp
EXCEPTION: Opinion is actionable IF the representor was in a position to know the facts
5 of 31
Edgington v Fitzmaurice
Stateent of future intent will be actionable if representor never had any intention
6 of 31
Pankhania v Hackney
Misquoting the law becomes a misrep
7 of 31
Smith v Hughes // Fletcher v Krell
Silence does not amount to a misrep
8 of 31
Define Uberrimae Fidei
A contract of utmost good faith
9 of 31
Define a 'Fiduciary' (uberrimae fidei)
Holding a legal, ethical relationship of trust. (insurance) must disclose all material facts
10 of 31
Seaman v Fonereau // Bufe v Turner // Casualty & General Insurance v Chase Manhattan Bank
Failure to disclose material facts in a Uberrimae Fidei contract will result in actionable misrep
11 of 31
Hedley Byrne v Heller
Fiduciary EXCEPTION: gentleman's agreement is not actionable
12 of 31
With v O'Flanagan
Failure to disclose a change in situation results in actionable misrep
13 of 31
Redgrave v Hurd
RULE: Claimant relied on inducement
14 of 31
Horsfall v Thomas // Attwood v Small
EXCEPTION: relying on OWN JUDGEMENT does not amount in actionable misrep
15 of 31
Types of misrepresentation (4)
(1) Fraudulent (2) Statutory (3) Negligent (4) Wholly Innocent
16 of 31
Fraudulent Misrepresentation: Criteria (3)
Lord Herschell: (1) know it's untrue (2) make statement without believing it (3) recklessly made
17 of 31
Derry v Peek
FRAUDULENT: burden of proof lies on claimant (representee) to prove misrep
18 of 31
Statutory Misrepresentation: act?
Misrepresentation Act 1967
19 of 31
Howard Marine v Ogden
STATUTORY: D had "reasonable ground" to believe the "facts represented were true"
20 of 31
Difference between Fraudulent and Statutory Misrep?
In STATUTORY, the burden of proof is on the representor ("reasonable grounds to believe the facts represented were true"
21 of 31
Hedley Bryne v Heller
NEGLIGENT: burden of proof is on claimant. Before this, all Misreps that were not deemed fraudulent became WHOLLY INNOCENT
22 of 31
Doyle v Olby // Smith New Court Securities v Scrimgeour Vickers
FRAUDULENT Remedies: unlimited damages awarded in law of deceit
23 of 31
Royscott Trust v Rogerson
NEGLIGENT Remedies: unlimited damages awarded & measured in same way as FRAUDULENT
24 of 31
Remedies for WHOLLY INNOCENT
Can either rescind OR claim damages
25 of 31
Bars to rescission (4)
(1) third party has rights (2) affirmation (3) lapse of time (4) restitution is impossible
26 of 31
White v Garden
(1) third party has rights
27 of 31
Car & Universal Credit v Caldwell
(1) EXCEPTION: third party has no rights is goods were stolen
28 of 31
Long v Lloyd
(2) D lost right to rescind as he had already affirmed
29 of 31
Leaf v International Galleries
(3) D lost right to rescind as lapse of time had passed
30 of 31
Vigers v Pike
(4) D lost right to rescind as goods perished/ consumed
31 of 31

Other cards in this set

Card 2

Front

A representation is made during the course of dealings

Back

Why is a representation different to a term?

Card 3

Front

(1) false statement of fact/ law (2) induces them (3) said close to time contract made

Back

Preview of the back of card 3

Card 4

Front

Opinion does not amount to a actionable misrepresentation

Back

Preview of the back of card 4

Card 5

Front

EXCEPTION: Opinion is actionable IF the representor was in a position to know the facts

Back

Preview of the back of card 5
View more cards

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all Contract law resources »