Misrepresentation

Aaminah Habib
Mind Map by Aaminah Habib, updated more than 1 year ago
Aaminah Habib
Created by Aaminah Habib almost 6 years ago
62
1

Description

Mind Map on Misrepresentation, created by Aaminah Habib on 04/29/2014.

Resource summary

Misrepresentation

Annotations:

  • MISREPRESENTATION 
  • HAS TO BE FIVE THINGS
  • FALSE - dimmick v hallet - cannot be a sales puff needs to be false 
  • FACT- bisit v wilkinson - fact cant be a statement of opinion 
  • FACT- Esso Petro - statement of opinion allowed as they have special knowledge about petrol 
  • ADDRESSED- sydney v rh brown - addess to the mislead party including the message to be passed on 
  • INTENDED- peek v gurny- intented to be acted upon 
1 1. if it puts one party into a better situation - it may be a warranty - Osscar v W
1.1 if not it is a mere misrepresentation
2 2. misrepresentation has to be 5 things
2.1 false
2.1.1 dimmit v hallot- cannot be a mere sales puff, has to be a false statement
2.2 fact
2.2.1 bissit v p - the fact cannot be a mere statement of opinion
2.2.1.1 esso v p it was seen that statement of opinion was a fact as they had special knowledge
2.3 addressed
2.3.1 sydney - addressed to mislead the innocent party and for the message to be passed on
2.4 intend
2.4.1 peek v gury- was intented to be acted upon
2.5 induce
2.5.1 eddinton- induce the mislead party into joining the contact
3 once all the five characteritics of a misrepresentation have been found
3.1 need to establish which type of misrepresentation it is
3.1.1 fradulant
3.1.1.1 Doyle v Peek
3.1.1.1.1 where FM established
3.1.1.1.1.1 must be made 1. knowlingly 2. recklessly 3. without belief in its truth - burden of proof lies with claimant
3.1.1.1.2 remedies
3.1.1.1.2.1 innocent party able to recine and claim damages by tort of deciet
3.1.2 negligent
3.1.2.1 at common law
3.1.2.1.1 hedly v bryne - obiter has a duty to care
3.1.2.2 by statue
3.1.2.2.1 Howard case- made without reasonable grounds of belief
3.1.2.3 remedies
3.1.2.3.1 only claim forseeable losses s 2 (1)
3.1.3 innocent
3.1.3.1 where there can be reasonable grounds for belief in the truth of the statement
3.1.3.2 remdies
3.1.3.2.1 misrep act 2 (2) can only get recission
3.1.4 recession - equitable remedy
3.1.4.1 limitations lie on liability
3.1.4.1.1 affirmation - continue - expressly or actions
3.1.4.1.2 lapse of time - for fm (runs out at time of fraud) and others date of contract itself
3.1.4.1.3 rights of third parties- not available to them
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