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Flashcards by shalini6rhyme, updated more than 1 year ago
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| Question | Answer |
| Dimmock v Hallett (1866) | It is a misrepresentation to make statements which are true but which are misleading because they do not reveal all the relevant facts. |
| Bisset v Wilkinson [1927] | A misrepresentation must be founded upon a statement of fact, not opinion. |
| Esso Petroleum v Mardon [1976] | Misrepresentation if the statement is made negligently by an apparent 'expert' and with the intention that it be relied upon. |
| Edgington v Fitzmaurice (1885) | Although statements of future conduct or intention do not constitute misrepresentations, if, at the time of stating the intention, the person did not have any such intention, it is a misrepresentation, given that a present intention is a fact which can be falsely described. |
| Carlill v Carbolic Smoke Ball [1893] | Mere 'puffs' are not classified as statements of fact, unless the statement professes to contain factual information. |
| Spice Girls v Aprilia [2002] | A misrepresentation can be made by conduct. |
| With v O'Flanagan [1936] | A statement may become a misrepresentation when made originally in truth, but becomes false due to a change in circumstances that ought to have been revealed to the other party. |
| Museprime Properties v Adhill [1990] | Even if a representation could not generally be regarded as an inducement, the question is whether or not the specific claimant had been induced by that representation to contract. |
| Attwood v Small [1838] | There must be reliance on the false statement for there to be an action for misrepresentation; reliance on separate investigations as opposed to the false statement will prevent any action. |
| Redgrave v Hurd (1881) | If a party fails to take the opportunity to check the accuracy of a representation, he may still be induced by that representation into contracting and could thus be entitled to a remedy. |
| Barclays Bank v O'Brien [1993] | If a misrepresentation is not committed by the defendant, but due to incorrect information from a third party, then a contract can be avoided. |
| Derry v Peek (1889) | In fraudulent misrepresentation, fraud is proved where a false representation has either been made knowingly, without belief in its truth, or recklessly/carelessly as to whether the statement is true or false. The remedy is damages in tort. |
| Hedley Byrne v Heller [1964] | In negligent misrepresentation at common law, there must be a special relationship between parties; skill and knowledge of the type of advice; reasonable reliance; knowledge of reliance and assumption of responsibility. |
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