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Mistake in contract law
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A breif yet concise set of notes covering key case and principles, whilst showing you how to breakdown and apply the facts to a question.

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  • July 7, 2023
  • 1
  • 2022/2023
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Misrepresentation
 False statement of existing fact or law
 Addressed to the representee.
 Before or after the contract is formed
 Which induces the other party to enter into the contract.
An actionable misrepresentation renders a contract voidable.

Approach to problem question
 Is there a false statement or fact?
 Check the timing of the statement.
 Did the statement induce the other party to enter into the contract?
 Once this has been established, identify the type of misrepresentation.
 Advise on available remedies.

Is there a false statement of fact?
 Fact not opinion- Bisset v Wilkinson (1927)
 Statement of opinion may imply a statement of fact- Smith v Land House Property
Corporation
 Expert opinion (Esso v Mardon 1976)
- Considerable expertise in this area
 Fact not intention: a statement of future intention (not fact) will not be a
misrepresentation (Edgington v Fitzmaurice 1885 compared with Inntrepreneur Pub
Co v Sweeney 2002)

Silence
 Silence is not misrepresentation (Fletcher v Krell; Turner v Green)

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