Created by El-Ruth Harmony
over 8 years ago
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Define misrepresentation
What four statements are usually not treated as statements of material facts?
Bissett v Wilkinson
What case gives an exception to the rule in Bissett v Wilkinson?
Dimmock v Hallett
Smith v Land & House Property Corp
Edgington v Fitzmaurice
What is the rule about statements of law?
What is the rule about when circumstances change?
Which case discusses changes in circumstances?
What is the rule about silence?
What are the four exceptions to the general rule of silence?
With v O'Flanangan
What are four examples of contracts of good faith?
What is the rule regarding half-truths?
What case involves the use of half-truths?
What are four examples of fiduciary relationships?
Notts Patent Brick and Tile Co v Butler
What cases shows that misrepresentation can be made by conduct rather than oral or written?
What is the two general rules about inducement?
What case stated that misrepresentation must be made to the party misled?
Horsefall v Thomas
Which case shows the reliance rule in action?
Attwood v Small
What case shows that the party does not have to verify the truth of the representation?
Redgrave v Hurd
What are the three types of misrepresentation?
Which case defined fraudulent misrepresentation?
What did the judge say in Derry v Peek?
What are is the remedy for negligent misrepresentation at common law?
Which case discusses negligent misinterpretation?
What are the three situations where liability for negligent misrepresentation will arise?
Which types of misrepresentations can the remedies of recession and damages be used?
What are the five bars to rescission?
What is affirmation?
Which case shows affirmation being used?
What is lapse of time?
Which case shows the rule of lapse of time being used?
What does restitution in integrum impossible mean?
Who does the burden of proof rely on in fraudulent misrepresentation?
What does fraudulent representation mean?
What levels of proof does there need to be for fraud and what amount of remedies is given?
What is negligent misrepresentation?
Who does the burden of proof rely on for negligent misrepresentation?
What is the differences for fraud in burdens of proof at common law and under s.2(1)?
What is the differences for negligence in burdens of proof at common law and under s.2(1)
What has the defendant got to do to escape liability for negligence under statute?
What is innocent misrepresentation?
If you are a victim of fraudulent misrepresentation what are you entitled to?
If you are a victim of negligent misrepresentation (under statute) what are you entitled to?
If you are a victim of negligent misrepresentation (under common law) what are you entitled to?
If you are a victim of innocent misrepresentation what are you entitled to?