Misrepresentation Flashcards

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2 Elements of Misrepresentation
1. Unambiguous false statement of existing fact or law 2. addressed to the claimant which induces them to enter a contract
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Actionable Misrep. - A has greater knowledge/experience than B and makes a false statement
Verbal: Esso Petroleum v Mardon [1976] Conduct: Spice Girls v Aprilla [2002]
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Actionable Misrep. - Statement of False Intention
Edington v Fitzmaurice [1885]
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Actionable Misrep. - False Statement of Law
Pankhania [2002]
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Non-Actionable for Misrep. - Puffs
Dimmock v Hallett [1866]
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Non-Actionable for Misrep. - Opinions (w/o Special Knowledge)
Bissett v Wilkinson [1927] NZ
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Silence - No Duty to Disclose
Keates v Cadogan [1851]
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Silence - Uberrimae Fidei
HIH Casualty [2003] - Certain relationships mean there is a duty to disclose (Insurance/Fiduciary E.G)
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Continuing Misrepresentation/Change in Facts
With v O'Flanagan [1936]
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1. Misrep must induce a reasonable person to enter Contract 2. Misrep must be "real and substantial part of why contract was entered"
1. Miseprime Properties [1991] 2. Horsfall v Thomas [1862]
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Fraudulent Misrep - i. Knowingly false ii. without belief in its truth iii. recklessness as to its truth
Derry v Peek [1889]
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Misrep Remedy - Rescission - Four Exceptions
1. Bona Fide TP acquired goods: Caldwell [1864] 2. Victim has affirmed: Long v Lloyd [1958] 3. Lapse of time: Leaf [1950] 4. Statute doesn't permit: Uckac [2006]
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Misrep Remedy - Indemnity
Money payment to victim to cover expenses - Whittington [1990]
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Other cards in this set

Card 2

Front

Actionable Misrep. - A has greater knowledge/experience than B and makes a false statement

Back

Verbal: Esso Petroleum v Mardon [1976] Conduct: Spice Girls v Aprilla [2002]

Card 3

Front

Actionable Misrep. - Statement of False Intention

Back

Preview of the front of card 3

Card 4

Front

Actionable Misrep. - False Statement of Law

Back

Preview of the front of card 4

Card 5

Front

Non-Actionable for Misrep. - Puffs

Back

Preview of the front of card 5
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