Misrepresentation

• What is misrepresentation?

  An untrue statement of fact made by a party to the contract which has an inducing effect
• What is meant by silence?

  A party is not responsible if they fail to disclose facts they were not asked about
• What is an example case of silence being not a statement of fact?

  Fletcher v Krell
• What happened in Fletcher v Krell?

  when she stayed silent bout abeing married this was not a misrepresentation as she has not been asked about it
• In whate situations can silence be a misrepresentation?

  conduct, concealing defects, half true statements, change in circumstance, fiduciary relationship, contracts of the utmost god faith, when the negotiations took place
• what case is an example of conduct?

  St Marylebone Property v Payne
• What case is an example of concealing defects?

  Schneider v Heath
• What case is an example of half true statements?

  Dimmock v Hallett
• What case is an example of change in circumstances?

  Esso v Marden
• What case is an example of fiduciary relationship?

  Hedley Byrne v Heller
• What case is an example of contracts of the utmost god faith?

  Seaman v Fonereau
• What case is an example of circumstances of when negotiations took place?

  spice girls
• What is a commendation?

  not a fact as it tends to be of an advertising nature
• What case is an exemple of a commendation?

  dimmock v hallett
• What happened in Dimock v Hallett?

  describing land as "fertile and improvable" was a commendation
• what is an opinion?

  not a fact as it lacks significance unless coming from an expert
• What cases are examples of an opinion?

  Bisset v wilkinson; Esso v marden
• What happened in Bisset v wilkinson?

  an estimate of how many sheep the land could hold was an honest opinion
• What happened in Esso v Marden?

  an estimate of how much petrol would be sold each year by Esso was a fact as they were experts
• What is a statement of future intentions?

  not a fact unless there was never any intention of carrying it out
• What is a case example of future intentions?

  Edgington v Fitzmaurice
• What happened in Edgington v fitsmaurice?

  shares sold to improve and expand the business but was really to pay off debt was misrepresentation
• What does inducing effect mean?

  The untrue statements must induce the other party into entering the contract otherwise misrepresentation cannot be claimed
• What are the 2 cases for inducing effect?

  Attwood v Small; Redgrave v Hurd
• What happened in Attwood v Small?

  amount of minerals were less than stated, there was no inducing effect as they had relied on their own survey and not the seller's
• What happened in Redgrave v Hurd?

  C was entitled to rely on Ds statement even though he could have checked the paperwork
• What does S12 consumer Rights Act 2015 state?

  certain information must be provided before the contract becomes binding and any changes must be agreed beforehand
• What comes under Consumer Protection (Amendment) regs 2014?

  a trader cannot make a misleading omission that prevents the consumer making an informed choice

  all consumer information must be clearly displayed
• When is information misleading?

  If it is omitted, hidden or unclear