Made by one party which Induces the other into the contract

Cards (2)

  • made by one party to the other
    -> must be made by one party to the other
    -> not misrepresentation if untrue statement is made by 3rd party unless they are a reliable third party e.g. estate agent or other paid representative
  • induces the other party into the contract
    -> not enough for statement to be untrue, must be important in forming the contract
    -> must agree to enter the contract
    -> must have relied on the statement over their own judgement - attwood v small
    -> not a defence for maker of statement to claim other party could use reasonable steps to find the truth - redgrave v hurd
    ->not a defence for maker of statement to claim the other party acted unreasonably in relying on the untrue statement - museprime properties v adhill properties