Misrepresentation

• What is a vitiating factor?

  A vitiating factor is a factor that invalidates a contract. A vitiating factor would make the contract void or voidable.
• What is a void contract ?

  A contract that is void is a contract that never existed, an so the parties are reverted to a pre contract position.
• What is a voidable contract?

  A voidable contract does exist and the innocent party can choose whether to end the contract or not.
• What is misrepresentation ?

  Misrepresentation is a false statement of material facts made by one contracting party to the other- it is intended to induce the other party to enter into the contract.
• What happens if a contract is found to be made on misrepresentation?

  The contract is voidable- this means that the victim party is allowed to end or continue the contract.
• What are the four elements of misrepresentation?

  There was a false statement

  The false statement is based on material facts of the contract

  it is made by a party to the contract

  The misrepresentation induces the other party to enter the contract.
• what does a false statement refer to?

  The statement was not true or accurate.
• Does silence count as a misrepresentation?

  Silence CANNOT be misrepresentation- there is no obligation on a person entering into a contract to make any statement about what is being offered, but anything that is said must be true.
• What is the ratio decidendi of fletcher v krell?

  it shows how silence doesn’t equal to misrepresentation.
• what is the ratio decidendi of With v O'flannagan?

  It shows how a statement can be interpreted asmisrepresentation if it was true when made butlater becomes untrue (before contract is made).
• What case has the ratio decidendi of 'a statement can be interpreted as misrepresentation if it was true when made but later becomes untrue (before contract is made)' ?

  With v O'flannagan
• What is the ratio decidendi of Dimmock v Hallet?

  A half truth is misrepresentation
• What case has the ratio decidendi of 'a half truth is misrepresentation'?

  Dimmock v Hallett
• what is the ratio decidendi of Tate v Williamson?

  Where the relationship between the parties isbased on trust then silence may be misrepresentation.
• What case has the ratio decidendi of 'Where the relationship between the parties is based on trust then silence may be misrepresentation.' ?

  Tate v Williamson
• Under the second element of misrepresentation, what does it mean that the misrepresentation must be of the facts of the given case?

  The misrepresentation must relate to a factmeaning it would have led a reasonable person tomake the contract and did influence the personmaking the contract.
• Under the second element of misrepresentation, what must the statement be regarding fact, opinions, or a statement of future opinion?

  The false statement must be a statement of fact rather than a mere statement of opinion, or statement of future intention. However, it will be regarded as misrepresentation if the person making the statement couldn't have had the opinion or intention.
• what is the ratio decidendi of the case of bisset v wilkinson?

  It shows how one's opinion on a matter does not always equate to misrepresentation
• What is the ratio decidendi of Edgington v Fitzmaurice?

  It is an example of where someone's statement of future intentions being wrong and thus equating to misrepresentation.
• Which case is an example of one's statement of future intentions being wrong and equating to misrepresentation?

  Edgington v Fitzmaurice
• What case shows how opinions dont immediately equate to misrepresentation?

  Bisset v Wilkinson
• A person is not liable for statements made by others unless they are agents. This also means a newspaper review of an item is not misrepresentation. A review of an item is not misrepresentation.
• under element 4 of misrepresentation, what does it mean that the statement induces the other to enter the contract?

  This means that the statement must be important to the person entering the contract and must have relied on it rather than his/her own judgement or what he/she might have found out from elsewhere. The statement must be a critical part of the decision to enter the contract.
• What is the significance of the case of Attwood v Small?

  It shows how the victim party must have relied on the opinion of the person making the statement, not a third party unless they're an agent.
• What case shows how the victim party must have relied on the opinion of the person making the statement, not a third party unless they're an agent?

  Attwood v Small
• what is the significance of the case of Redgrave v Hurd?

  It shows how it does not matter if the innocent party could have discovered the truth by taking other reasonable steps. It is enough that he/she relied on the untrue statement.
• What case shows how it does not matter if the innocent party could have discovered the truth by taking other reasonable steps. It is enough that he/she relied on the untrue statement.

  Redgrave v Hurd
• what does section 12 of the consumer rights act 2015 state?

  It requires a trader to provide certaininformation to the consumer before the contractbecomes binding.
• What section of which legislation requires a trader to provide certain information to the consumer before the contract becomes binding?

  Section 12 of the consumer rights act 2015
• What is the significance of the Consumer Protection regulations 2014?

  it deals with where a trader deliberately leaves out information that may be key to the consumers decision to enter the contract. All consumer information must be clearly displayed. Any obscure presentation will treated as being misleading.
• What regulation deals with where a trade deliberately leaves out information hat may be key to the consumer's decision to enter the contract?

  The consumer protection regulations 2014
• what is special about contracts of utmost good faith?

  All material facts mus be disclosed even if they haven't been specifically asked for
• what is the latin for a contract of utmost good faith?

  Uberrimae fidei
• where are Uberrimae fidei contracts common in?

  Insurance cases
• What legislation gives clearer guidance about Uberrimae fidei contracts in the context of insurance?

  the Consumer Insurance (disclosure and representation) act 2012
• what is the significance of the consumer insurance (Disclosure and representation) act 2012?

  it gives clearer guidance about Uberrimae fidei contracts in the context of insurance
• what is the significance of the case of Lambert v Cooperative insurance?

  It is an example of a Uberrimae Fidei contract, and where all the material facts from a party where not disclosed- it also shows how in a Uberrimae Fidei contract how all material facts from a party must be disclosed.