Misrepresentation (OCR A-Level Law): Flashcards

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Misrepresentation
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Misrepresentation

False statement of material fact inducing contract

Vitiating factors

Circumstances invalidating/undermining contracts

Mere opinion

Not actionable as misrep (subjective, not verifiable)

Trade puff

Exaggerated marketing, not actionable misrepresentation

Fraudulent misrepresentation

False statement made knowingly/recklessly

S 2(1) Misrep Act 1967 key feature

Burden of proof reversed to defendant

Innocent misrepresentation

False statement without fraud or negligence

Fraudulent misrep remedies

Tort of deceit, all consequential loss & profit loss

Timing for actionable misrepresentation

Before or at contract formation

Lord Herschell's test (Derry v Peek)

Fraudulent if made knowingly, recklessly, or w/o belief

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