12 Questions
What type of representation is described in the Dimmock and Hallet 1862 case?
Half truths
In the case of Curtis v Chemical 1951, what did the clause actually exclude?
Liability for all types of damage
According to Esso Petroleum v Mardon 1976, what does relying on an expert constitute?
Statement of fact
What type of representation is considered when a statement as to the law is reasonable for the representee to rely upon?
Statement of fact
What was the wife's representation in Wales v Wadham 1977 before a divorce?
No intention to marry
In the context of misrepresentation, what does a statement become if there was no intention behind it?
Statement of fact
What are the three requirements for a statement to be classified as misrepresentation?
False, made to the claimant, and induces her to enter the contract
What distinguishes simple reticence from actionable misrepresentation?
Simple reticence is not actionable, while misrepresentation is actionable
In which scenario can a statement of opinion be classified as misrepresentation?
If it was reasonable for the recipient to rely on it
What concept does rescission involve?
Nullifying obligations yet to be performed and returning any benefits transferred
When can a contract be classified as voidable due to misrepresentation?
When a false statement of fact induces one party to enter the contract
What does affirmation in relation to rescission require?
Knowledge of the facts that give rise to the right of rescind
Learn about the elements required for a statement to be considered misrepresentation in a contract, and the conditions under which the contract can be rescinded. Explore cases like Walters v Morgan (1961) and Pankhania v Hackney (2002) to understand the complexities of misrepresentation in contract law.
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