misrepresentation cases

• What are the types of misrepresentation mentioned?

  Statement of facts, statement of law, opinion, future intention, silence/half truth
• What is the significance of Curtis v Chemical Cleaning & Dyeing Co. Ltd?

  • Claimant took a dress for cleaning
  • Assistant misrepresented liability exclusion
  • Court invalidated exclusion clause
  • Claimant misled and did not consent
• What did Lord Denning LJ state about misrepresentation?

  Any behavior can mislead another party
• How can a misrepresentation affect an exclusion clause?

  It can render the clause unenforceable
• What was the outcome of Spice Girls Ltd v Aprilia World Services BV?

  • Spice Girls participated in promotions
  • Knew Geri Halliwell would leave
  • Created misleading impression of group unity
  • Court held it was misrepresentation by conduct
• What constitutes fraudulent misrepresentation by conduct in Gordon v Selico?

  • Seller concealed dry rot in property
  • Misled purchaser about true condition
  • Court ruled it was intended to deceive
• What is actionable misrepresentation of law as seen in Pankhania v LB Hackney?

  • Misrepresentation about tenant's status
  • Induced claimant to enter contract
  • Court rejected old rule against legal misrepresentation
• What is the significance of a misrepresentation of legal rights?

  It can be actionable if false and relied upon
• What was the ruling in Bisset v Wilkinson regarding opinion statements?

  • Seller's opinion on sheep capacity
  • Not actionable as misrepresentation
  • Buyer knew land's history
• What was the outcome of Smith v Land and House Property Corp?

  • Seller described tenant as desirable
  • Tenant was financially unstable
  • Court ruled it was actionable misrepresentation
• What did Esso Petroleum Co Ltd v Mardon establish about statements of opinion?

  • Forecast by Esso was negligent misrepresentation
  • Esso had special expertise
  • Induced Mardon to enter contract
• What is the significance of Edgington v Fitzmaurice regarding future intentions?

  • Directors misrepresented intentions in prospectus
  • Court ruled it was actionable misrepresentation
  • Established precedent for intentions as existing facts
• What does Dimmock v Hallet illustrate about misleading statements?

  • Seller's statements were technically true
  • Omitted crucial information about tenants
  • Court ruled it was a material misrepresentation
• What was the ruling in With v O’Flanagan regarding changing circumstances?

  • Seller failed to update buyer on income drop
  • Court held it was misrepresentation
  • Duty to correct false statements before contract conclusion
• What does Keates v Earl of Cadogan say about silence in misrepresentation?

  • Mere silence is not misrepresentation
  • Duty to speak exists in certain contracts
  • Partial truths can lead to misrepresentation
• What was the stated income of the medical practice?

  £2,000 per year
• What happened to the medical practice's income after the statement was made?

  It dropped significantly
• Did the seller inform the buyer about the income change before finalizing the contract?

  No, the seller did not inform the buyer
• What did the court hold regarding the seller's failure to update the buyer?

  It amounted to misrepresentation
• Can a true representation become a misrepresentation before a contract is concluded?

  Yes, if it becomes false
• What is the duty of a seller regarding representations made?

  To correct false representations
• What was the case of Keates v Earl of Cadogan about?

  A property leased that was uninhabitable
• What did the court rule in Keates v Earl of Cadogan regarding mere silence?

  Mere silence is not misrepresentation
• When is there a duty to speak in contracts?

  In contracts of utmost good faith
• What is required for silence to amount to misrepresentation?

  A duty to speak must exist
• What was the outcome of Peek v Gurney regarding liability?

  The directors were not liable
• Why were the directors not liable in Peek v Gurney?

  The misrepresentation was not made directly
• What must be proven for liability in fraudulent misrepresentation?

  A false representation made knowingly
• What must the claimant do in cases of fraudulent misrepresentation?

  They must have relied on it directly
• What must the misrepresentation cause for liability to arise?

  Actual loss
• What was the outcome of Attwood v Small regarding rescission?

  Rescission was not allowed
• Why did the House of Lords refuse rescission in Attwood v Small?

  The buyer relied on independent experts
• What can a party not claim if they did not rely on a representation?

  They cannot claim to be misled
• What was the outcome of Redgrave v Hurd regarding the contract?

  The contract was rescinded in favor of Hurd
• What did the court find in Redgrave v Hurd about reliance on representations?

  Hurd was entitled to rely on the representation
• What principle was established regarding misrepresentation in Redgrave v Hurd?

  A person is entitled to rely on a representation
• What is required for a misled party to rescind a contract?

  They must have relied on the false statement
• What is required for fraudulent misrepresentation according to Derry v Peek?

  Proof that a false representation was made knowingly
• What did the House of Lords rule in Derry v Peek regarding the statement made?

  The statement was made in honest belief
• What is the burden of proof in cases of fraudulent misrepresentation?

  The representee bears the burden of proving inducement