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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