Misrepresentation (AQA A-Level Law): Flashcards

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Misrepresentation
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Vitiating factor definition

Legal issue making contract potentially null and void

Misrepresentation definition

False statement of fact inducing party to enter contract

Mere opinion as misrepresentation

Cannot be misrepresentation

Future intention statement as misrepresentation

Cannot be misrepresentation

Timing of misrepresentation statement

Must be made before contract is formed

Fraudulent misrepresentation definition

Statement known to be false or made recklessly

Negligent misrepresentation definition

Careless statement made without reasonable care

Innocent misrepresentation definition

Untrue statement with reasonable grounds for belief

Remedies for fraudulent misrepresentation

Rescission + damages (all losses, even unforeseeable)

Remedies for innocent misrepresentation

Either rescission OR damages in lieu (not both)

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