A false statement of material fact is actionable as a misrepresentation. The sellers statement about sheep was an opinion without expert knowledge so was not a misrepresentation.
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Edgington v Fitzmaurice (1885)
If a promise is not part of the contract, there will be no liability unless he had no such intention at the time of making the statement.
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Attwood v Small (1838)
There was no fraud; the buyers had no relied on the seller's statement, because they had tested their accuracy and relied on the results of their own investigations.
3 of 10
Roscorla v Thomas (1842)
The purchaser could not claim misrepresentation as the statement was made after the agreement had been formed.
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Derry v Peek (1889)
The claimant's action failed as there was insufficient evidence of fraud.
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Hedley Bryne & Co. Ltd v A Odgen & Sons (Excavations) Ltd (1978)
The statement could give rise to action in damages for financial loss in tort, but because there was a disclaimer in this particular case, the claimant's case was unsuccessful.
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Royscot Trust Ltd v Rogerston (1991)
Consequential losses may also be claimed, meaning that or will not be necessary for them to be foreseeable.
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Dimmock Hallett (1866)
Misrepresentation occurs where part-truth amounts to falsehood.
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With v O'Flanagan (1936)
Misrepresentation occurs where a true statement subsequently becomes false before the contract has been entered into.
9 of 10
Howard Marine & Dredging Co Ltd v A Ogden & Sons (Excavations) Ltd (1978)
The contractors were sued but successfully counter claimed on the basis of s 2(1) Misrepresentation Act 1967
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Other cards in this set
Card 2
Front
If a promise is not part of the contract, there will be no liability unless he had no such intention at the time of making the statement.
Back
Edgington v Fitzmaurice (1885)
Card 3
Front
There was no fraud; the buyers had no relied on the seller's statement, because they had tested their accuracy and relied on the results of their own investigations.
Back
Card 4
Front
The purchaser could not claim misrepresentation as the statement was made after the agreement had been formed.
Back
Card 5
Front
The claimant's action failed as there was insufficient evidence of fraud.
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