11814404
Description
Flashcards by John Arnold, updated more than 1 year ago
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Created by John Arnold
about 8 years ago
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| Question | Answer |
| Misrepresentation | An false statement of fact made by one person that induces another to enter into a contract Makes contract voidable - can affirm |
| Liability | Tortious |
| Representor vs representee | Representor = person making statement Representee = person to whom statement made |
| False statement | Statement said, written or implied by conduct Not silence (exceptions) Can contain a half truth - Curtis v Chemical Cleaning and Dyeing Co (1951) Can also be misrep by conduct - Spice Girls Ltd v Aprillia World Service BV (2002) |
| Silence exceptions | 1/2 truth - Curtis v Chemical Cleaning and Dyeing Co (1951) Change of circs - With v O'Flanagan (1936) Utmost good faith - Conlon v Simms (2008) Fiduciary relationship |
| Statement of fact | Not opinion - Bissett v WIlkinson (1927) Honest future intention Dishonest statement - Edgington v Fitzmaurice (1885) |
| Inducement | Causation test = was C induced b/c of untrue statement? - County Natwest Bank Ltd v Barton (1999) Reasonable person irrelevant Low in comparison to breach of contract (breach - loss) and negligence (but for) |
| Not inducement | Unaware of statement @ time of contracting - Horsfall v Thomas (1862) No reliance on statement - Attwood v Small (1838) Knew representation was false Verification not necessary - Redgrave v Hurd (1881) |
| Types | Fraudulent Negligent Innocent |
| Fraudulent misrep | False statement which representor didn't believe to be true - Derry v Peak (1889) Tort of deceit C to prove statement made dishonestly Criminal burden Easier to prove negligent misrep Same remedies as negligent - s2(1) MA 1967 Remedies = rescission and damages |
| Negligent misrep | If liable for fraudulent is liable for negligent unless reasonable grounds for believing in statement truth - s2(1) MA 1967 Burden of proof on representor = no carelessness in statement - Cooper v Toms (1998) Remedies = rescission and damages |
| Innocent misrep | False statement but representor has reasonable grounds for believing its truth Remedy = rescission only CT can award dams in lieu of rescission - s2(2) MA 1967 |
| Remedies | Rescission Dams |
| Rescission | Discretionary Undoes contract to pre-contract position PTs to take steps for it to become effective - Car and Universal Finance Co Ltd v Caldwell (1961) Right can be lost Must exist @ time of trial - Zanzibar v BAE (2000) |
| Rescission lost | Affirmation - Long v Lloyd (1958) Delay - Leaf v International Galleries (1950) Restitution impossible (substantial not exact) Dams can be awarded in lieu of rescission (neg and innocent only) |
| Dams | CL dams MA 1967 dams |
| CL dams | Put C in position misrep never happened Measure is speculative Fraudulent = covers all dams directly flowing from deceit (even if unforeseen) - Doyle v Olby (1969) |
| MA 1967 dams | Neg dams same as fraudulent dams - Royscot Trust Ltd v Rogerson (1991) Direct losses w/out foreseeability May change if Royscot goes to SC Till then no need to bring fraudulent misrep claim |
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