Misrepresentation

• Bisset v Wilkinson


  A misrepresentation is an untrue statement of fact with an inducing effect.
• Dimmock v Halet


  A misrepresentation must be a statement of fact, and not of opinion. / part-truths defy the general rule for silence and can amount to
• Attwood v Small

  The untrue statement of fact much cause the party to rely on itit and notnot their ownown judgement.
•   Fletcher v Krell


  Misrepresentation cannot be given by silence.
• Schneider v Heath


  If the seller hides a defect, this can amount to misrep
• With v O'Flanogan


  If the seller fails to notify the buyer of a change of facts, this can amount to misrepresentation.
• Lambert vv cooperative Insurance


  Umberimma Fides contracts  
• Derry v Peak


  Fraudulent misrep-representor intentionally lies about a fact or is recklessreckless as to it's truth.
• Smith New Court


  Fraudulent misrep- Dammages are a right including all loses that flow from the original fraud.
• Hedley Byrne v Heller


  Special relationship must be used to prove negligent misrep under common law.
• Misrepresentation Act 1967


  S2(1) stutory liability for negligent misstatement without having to prove special relationship
• The Wagon Mound

  Only reasonably foreseeable damages can be claimed under common law for negligent misrep
• Howard Marine v Ogden


  Generous damages under statue for negligent misrep
• Leaf v International gallery

  Bars to rescission innocent: misrep lapse of time
• Long v Lloyd 


  Bars to rescission innocent misrep: representee affirms the contract
• Vigers v Pike

  Bars to rescission innocent misrep: restitution is impossible