Misrepresentation - Key Studies

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Bisset v Wilkinson (1927)
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.
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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.
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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

Preview of the back of card 3

Card 4

Front

The purchaser could not claim misrepresentation as the statement was made after the agreement had been formed.

Back

Preview of the back of card 4

Card 5

Front

The claimant's action failed as there was insufficient evidence of fraud.

Back

Preview of the back of card 5
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