Misrepresentation

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What is misrepresentation?
A false statement of fact that induces somebody into a contract
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Types of misrepresentation?
Fraudulent, negligent and innocent
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What is fraudulent?
Knowing the statement is false
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What is negligent?
Not knowing it is false but not caring
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What is innocent?
Genuinely believing the statement was true
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What are case examples of fraudulent?
Horsefall v Thomas (gun), Derry v Peek
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What was held in Derry v Peek?
Statement from Lord Herschell who defined fraudulent misrepresentation as; knowing it to be false, without belief in it's truth, or carelessness to wether it is true or not
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What is the statute governing misrepresentation?
The Misrepresentation Act 1967
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Case on negligent?
Smith v Land
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Case on Fraudulent?
Gordon v Selico
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Opinion/fact?
(Smith v Land) Opinion does not amount to misrep, unless the person was in a place to know better eg qualified
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Does silence amount to misrep?
Generally not, Smith v Hughes
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Other cards in this set

Card 2

Front

Types of misrepresentation?

Back

Fraudulent, negligent and innocent

Card 3

Front

What is fraudulent?

Back

Preview of the front of card 3

Card 4

Front

What is negligent?

Back

Preview of the front of card 4

Card 5

Front

What is innocent?

Back

Preview of the front of card 5
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