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Created by Vanja Juvet
over 6 years ago
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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)