Contract Law - Misrepresentation

Keats v Earl of Cadogan 1851

Sykes v Taylor-Rose 2004

Behn v Burness 1863; definition of representation

Exceptions to duty to disclose

If the statement is untrue, then it is a misrepresentation

There is no general rule of liability for silence

FORMS OF MISREPRESENTATION

Forms; Words

Forms; Conduct

Forms; Changed circumstances

Forms; Half-truth

Forms; statement of law

Forms; Statement of opinion

Forms; statement of intention

Misrep must be a factor which induced the other party to enter the contract

If a misrep is made fraudulenty it .....

Courts are not likely to find inducement if:

TYPES OF MISREPRESENTATION

Fraudulent Misrepresentation

Negligent Misrepresentation at common law

Negligent misrepresentation under s.2 of Misrep Act 1967

Innocent Misrepresentation

REMEDIES FOR MISREPRESENTATION

Rescission

Rescission; limitations (Bars)

Damages for fraudulent misrep

Damages for negligent misrepresentation at common law

Damages for negligent misrepresentation under s.2 (1)