Podcast
Questions and Answers
What was the outcome in Car & Universal Finance Co v Caldwell?
What was the outcome in Car & Universal Finance Co v Caldwell?
- Notifying the police and the Automobile Association was sufficient to rescind the contract. (correct)
- The seller was required to take legal action to rescind the contract.
- The contract was considered void from the start.
- The seller was unable to rescind the contract.
What is the term for when a party to the contract, aware of the other party's misrepresentation, continues with the contract?
What is the term for when a party to the contract, aware of the other party's misrepresentation, continues with the contract?
- Rescission
- Misrepresentation
- Affirmation (correct)
- Breach of contract
What test is used to determine if affirmation has occurred?
What test is used to determine if affirmation has occurred?
- The dual knowledge test (correct)
- The reasonable person test
- The contractual obligation test
- The misrepresentation test
What happens if there is a significant lapse of time between the making of the contract and the discovery of the misrepresentation?
What happens if there is a significant lapse of time between the making of the contract and the discovery of the misrepresentation?
What is the term for situations where the right to rescind will be lost?
What is the term for situations where the right to rescind will be lost?
When does a party affirm a contract despite being aware of misrepresentation?
When does a party affirm a contract despite being aware of misrepresentation?
What happens if a party is unable to make substantial restitution in a contract?
What happens if a party is unable to make substantial restitution in a contract?
What is the condition for making substantial restitution according to the case of Salt v Stratstone?
What is the condition for making substantial restitution according to the case of Salt v Stratstone?
What is the effect of affirmation on a contract?
What is the effect of affirmation on a contract?
What is the primary remedy for misrepresentation in a contract?
What is the primary remedy for misrepresentation in a contract?
What is a key takeaway from the case discussed in the text?
What is a key takeaway from the case discussed in the text?
What is the limitation of rescission in this scenario?
What is the limitation of rescission in this scenario?
What is the consequence for the purchaser if they do not inspect the documents provided?
What is the consequence for the purchaser if they do not inspect the documents provided?
What is the remedy for misrepresentation in this scenario?
What is the remedy for misrepresentation in this scenario?
What happens if the purchaser employed their own surveyor to verify the vendor's representation?
What happens if the purchaser employed their own surveyor to verify the vendor's representation?
What is the requirement for a statement to be considered a factor that led to entering into a contract?
What is the requirement for a statement to be considered a factor that led to entering into a contract?
What must be proved strictly in order to rebut the presumption that a misrepresentation induced the contract?
What must be proved strictly in order to rebut the presumption that a misrepresentation induced the contract?
What happens when a misrepresentation is made by one party and the other party subsequently enters into a contract with that party?
What happens when a misrepresentation is made by one party and the other party subsequently enters into a contract with that party?
What is the consequence of the representee having the opportunity to discover the untruth of the statement but not taking it?
What is the consequence of the representee having the opportunity to discover the untruth of the statement but not taking it?
What is the main purpose of establishing that a statement is a term in a contract?
What is the main purpose of establishing that a statement is a term in a contract?
How difficult is it to rebut the presumption that a misrepresentation induced the contract?
How difficult is it to rebut the presumption that a misrepresentation induced the contract?
Under which section of the Misrepresentation Act 1967 can a contract be rescinded for misrepresentation?
Under which section of the Misrepresentation Act 1967 can a contract be rescinded for misrepresentation?
What is the result if a party affirms a contract after discovering a misrepresentation?
What is the result if a party affirms a contract after discovering a misrepresentation?
What is required for a statement to be an actionable misrepresentation?
What is required for a statement to be an actionable misrepresentation?
What is the limitation of rescinding a contract for misrepresentation under the Misrepresentation Act 1967?
What is the limitation of rescinding a contract for misrepresentation under the Misrepresentation Act 1967?
What type of contracts require parties to disclose relevant information, even if not asked?
What type of contracts require parties to disclose relevant information, even if not asked?
What is the consequence if any information relevant to the risk insured is not disclosed in an insurance contract?
What is the consequence if any information relevant to the risk insured is not disclosed in an insurance contract?
What is the principle that applies in English contract law, which means the buyer is responsible for discovering any defects or problems with the goods or services?
What is the principle that applies in English contract law, which means the buyer is responsible for discovering any defects or problems with the goods or services?
In which type of contracts is there no general duty to disclose facts?
In which type of contracts is there no general duty to disclose facts?
What is the limitation of rescission in contracts?
What is the limitation of rescission in contracts?
What is essential for a relational contract, according to Leggatt J's judgment?
What is essential for a relational contract, according to Leggatt J's judgment?
In what type of contracts did Leggatt J imply a duty of good faith?
In what type of contracts did Leggatt J imply a duty of good faith?
What can beexpress or implied in a contract, according to the provided text?
What can beexpress or implied in a contract, according to the provided text?
In which case did the court hold that an express right to terminate a contract did not need to be exercised in good faith?
In which case did the court hold that an express right to terminate a contract did not need to be exercised in good faith?
Why did Leggatt J's enthusiasm for the concept of good faith not resonate in recent appellate decisions?
Why did Leggatt J's enthusiasm for the concept of good faith not resonate in recent appellate decisions?
What is implied in a relational contract, according to Leggatt J?
What is implied in a relational contract, according to Leggatt J?
Which court ruling seemed to contradict Leggatt J's concept of good faith?
Which court ruling seemed to contradict Leggatt J's concept of good faith?
What was the context of Leggatt J's attempt to revive the concept of good faith?
What was the context of Leggatt J's attempt to revive the concept of good faith?
What is a characteristic of relational contracts, according to Leggatt J?
What is a characteristic of relational contracts, according to Leggatt J?
In which case did Leggatt J make an attempt to revive the concept of good faith?
In which case did Leggatt J make an attempt to revive the concept of good faith?
