Mind map
Misrepresentation
Map content
Misrepresentation
Fraudulent Misrep
- Maker had no genuine belief in the statement
- damages based on CAUSATION not res forseeability
- Smith v Scrimgeour - inflated share price
- Consequential and actual loss
- losses flowed from the deceit
- Smith v Scrimgeour - inflated share price
- damages based on CAUSATION not res forseeability
- Maker had no genuine belief in the statement
Negligent misrep
- Maker unable to show 'reasonable grounds' for belief true
- B - option to RESCIND AND CAN CLAIM DAMAGES
- B prefers 'negligence' as DAMAGES THE SAME!! but burden of p on D to show reasonable grounds
- B - option to RESCIND AND CAN CLAIM DAMAGES
- Maker unable to show 'reasonable grounds' for belief true
Innocent
- rescind OR damages
Entire Agreement Clause
- 4 requirements
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- Description
- Postgraduate Private Acquisitions Mind Map on Misrepresentation, created by gabyc880 on 08/06/2013.
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- gabyc880
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