Misrepresentation 0.0 / 5 ? LawContract lawA2/A-levelOCR Created by: bananasandcoffeeCreated on: 29-01-18 17:15 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
Contract Law - Misrepresentation: Types of Misrepresentation 5.0 / 5 based on 1 rating Teacher recommended
Contract Law - Misrepresentation: An Invalidating Factor 5.0 / 5 based on 1 rating Teacher recommended
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