Misrepresentation in Contract Law
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Questions and Answers

What type of representation is described in the Dimmock and Hallet 1862 case?

  • Half truths (correct)
  • Expert opinion
  • Mere puffery
  • Statement of fact
  • In the case of Curtis v Chemical 1951, what did the clause actually exclude?

  • Liability for product damage
  • Liability for environmental damage
  • Liability for personal injury
  • Liability for all types of damage (correct)
  • According to Esso Petroleum v Mardon 1976, what does relying on an expert constitute?

  • Expert opinion
  • Statement of fact (correct)
  • Mere puffery
  • Misrepresentation
  • What type of representation is considered when a statement as to the law is reasonable for the representee to rely upon?

    <p>Statement of fact</p> Signup and view all the answers

    What was the wife's representation in Wales v Wadham 1977 before a divorce?

    <p>No intention to marry</p> Signup and view all the answers

    In the context of misrepresentation, what does a statement become if there was no intention behind it?

    <p>Statement of fact</p> Signup and view all the answers

    What are the three requirements for a statement to be classified as misrepresentation?

    <p>False, made to the claimant, and induces her to enter the contract</p> Signup and view all the answers

    What distinguishes simple reticence from actionable misrepresentation?

    <p>Simple reticence is not actionable, while misrepresentation is actionable</p> Signup and view all the answers

    In which scenario can a statement of opinion be classified as misrepresentation?

    <p>If it was reasonable for the recipient to rely on it</p> Signup and view all the answers

    What concept does rescission involve?

    <p>Nullifying obligations yet to be performed and returning any benefits transferred</p> Signup and view all the answers

    When can a contract be classified as voidable due to misrepresentation?

    <p>When a false statement of fact induces one party to enter the contract</p> Signup and view all the answers

    What does affirmation in relation to rescission require?

    <p>Knowledge of the facts that give rise to the right of rescind</p> Signup and view all the answers

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