Misrepresentation (AQA A-Level Law): Quizzes
📚Quizzes
Practise the questions
10 questions from this quiz
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Practise the questions
10 questions from this quiz
What is a vitiating factor in contract law?
What is a vitiating factor in contract law?
A legal issue making a contract void/null
Which of these cannot constitute misrepresentation?
Which of these cannot constitute misrepresentation?
A mere opinion with no special knowledge
When must a statement be made to qualify as misrepresentation?
When must a statement be made to qualify as misrepresentation?
Before the contract is formed
Does silence or failure to disclose information generally constitute misrepresentation?
Does silence or failure to disclose information generally constitute misrepresentation?
No, mere silence is not misrepresentation
Can misrepresentation arise through conduct rather than words?
Can misrepresentation arise through conduct rather than words?
Yes, actions can constitute it
What test applies for fraudulent misrepresentation per Derry v Peek?
What test applies for fraudulent misrepresentation per Derry v Peek?
Knowing false/no belief/reckless re truth
Under s2(1) MA 1967, who has burden of proof in negligent misrepresentation?
Under s2(1) MA 1967, who has burden of proof in negligent misrepresentation?
Maker must prove reasonable grounds
What are the three types of misrepresentation?
What are the three types of misrepresentation?
Fraudulent, negligent, innocent
Are losses required to be foreseeable in fraudulent misrepresentation damages?
Are losses required to be foreseeable in fraudulent misrepresentation damages?
No foreseeability requirement
What remedies are available for innocent misrepresentation under s2(2) MA 1967?
What remedies are available for innocent misrepresentation under s2(2) MA 1967?
Either rescission OR damages, not both