Save
Busy. Please wait.
Log in with Clever
or

show password
Forgot Password?

Don't have an account?  Sign up 
Sign up using Clever
or

Username is available taken
show password


Make sure to remember your password. If you forget it there is no way for StudyStack to send you a reset link. You would need to create a new account.
Your email address is only used to allow you to reset your password. See our Privacy Policy and Terms of Service.


Already a StudyStack user? Log In

Reset Password
Enter the associated with your account, and we'll email you a link to reset your password.
focusNode
Didn't know it?
click below
 
Knew it?
click below
Don't Know
Remaining cards (0)
Know
0:00
Embed Code - If you would like this activity on your web page, copy the script below and paste it into your web page.

  Normal Size     Small Size show me how

Contract - Vitiation

Vitiating Factors: Misrepresentation

QuestionAnswer
What is a misrepresentation? False statement of material fact that induces the other party to enter a contract
Fletcher v Krell Silence cannot be a misrepresentation - applied for governess and didn't mention divorce
With v O'Flanagan Duty to update previous statement if facts change
Dimmock v Hallet Half-truth - duty to explain more about tenants who were planning to leave
Tate v Williamson Financial advisor had a duty to say something due to relationship (purchased land from client)
Spice Girls Ltd v Aprilia You can misrepresent through your actions - all attending signing represented that none intended to leave
Bisset v Wilkinson Sheep farm: statement of opinion so not misrepresentation
Edgington v Fitzmaurice "Money will be used for building work" - incorrect statement of fact so misrepresentation
Attwood v Small False statement doesn't induce since buyer relies on surveyor
Redgrave v Hurd verbal statement different to accounts but could have checked - doesn't matter - still misrepresentation
Long v Lloyd Contract affirmed so could no longer rescind contract
Lambert v Co-op Insurance Duty to disclose all information to insurance company
What is Innocent Misrepresentation? False statement made honestly (always believed it to be true so no element of negligence)
What is the remedy for Innocent Misrepresentation? Recission or damages at court's discretion
Lewis v Averay Innocent misrepresentation: honestly believed car belonged to famous actor
What is Negligent Misrepresentation? False statement made by someone who believed it was true but had no reasonable grounds to believe it was true
What is the remedy for Negligent Misrepresentation? Damages and/or recission
Howard Marine v Ogden Negligent misrepresentation
What is Fraudulent Misrepresentation? False statement made by someone who knows it is untrue or is reckless as to whether or not it is true
What is the remedy for Fraudulent Misrepresentation? Damages and recission
Greenridge Luton One v Kempton Fraudulent Misrepresentation
Misrepresentation Act 1967 - outlines types of misrep
Misrepresentation Act section 2 Negligent misrep: burden of proof shifts to party making statement to show reasonable grounds for belief
Created by: Oscar.G
Popular Law sets

 

 



Voices

Use these flashcards to help memorize information. Look at the large card and try to recall what is on the other side. Then click the card to flip it. If you knew the answer, click the green Know box. Otherwise, click the red Don't know box.

When you've placed seven or more cards in the Don't know box, click "retry" to try those cards again.

If you've accidentally put the card in the wrong box, just click on the card to take it out of the box.

You can also use your keyboard to move the cards as follows:

If you are logged in to your account, this website will remember which cards you know and don't know so that they are in the same box the next time you log in.

When you need a break, try one of the other activities listed below the flashcards like Matching, Snowman, or Hungry Bug. Although it may feel like you're playing a game, your brain is still making more connections with the information to help you out.

To see how well you know the information, try the Quiz or Test activity.

Pass complete!
"Know" box contains:
Time elapsed:
Retries:
restart all cards