Class notes
Misrepresentation, Terms and Privity
- Course
- Institution
terms and conditions of contracts
[Show more]
Seller
Follow
harveygurner2
Content preview
MN10442 – topic 3 – privity, terms and misrepresentationMisrepresentation
Terms – the undertakings and rights that form the content of a contract
Representations – things said in discussion about the contract which do not form the
content of the contract
Mere puffs – things said which are merely salesman hype. Too ridiculous to be believed
Actionable misrep
- Untrue statement
- Material fact not opinion
- Includes the contract
Fact v opinion
- Representor holds specialist knowledge
o Oscar chess v Williams (1957) – sale of a car – statement of fact
- Words of conduct of making statement
o Spice girls v aprilla world service (2002) – statement of fact
- Vague and meaningless
o Dimmock v hallet (1867) – statement of opinion
- Statement of opinion
o Bisset v Wilkinson – statement of opinion
Statements of future intention not actionable unless never going to happen
- Edgington v Fitzmaurice (1885)
o Continuing duty to disclose if change situation
- With v o’flannagan (1936)
- Statement capable of inducing the contract?
o Not if the representee knew the statement was false
o Not if the representee would have entered into the contract regardless
- Attwood v small(1836)
Types of misrep
1. Fraudulent – (common law – tort of deceit)
a. When it is shown that a false representation has been made knowingly or
didn’t care if it was true or not. Recission/common law damages (available as
a common law right)
2. Negligent (misrepresentation act 1967)
a. No reasonable grounds to believe truth in what they are saying
recission/damages
3. Wholly innocent (misrepresentation act 1967)
a. Recission alone (exceptionally damages in lieu of recission). Reversal of
burden to demonstrate honest held belief in truth of the statement.
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller harveygurner2. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $5.19. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
77254 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now