Podcast
Questions and Answers
A false statement of past or present fact made by one party to another before or at the time of the contract is a definition of duress.
A false statement of past or present fact made by one party to another before or at the time of the contract is a definition of duress.
False
A false statement of fact(s) must be made in writing to be considered misrepresentation.
A false statement of fact(s) must be made in writing to be considered misrepresentation.
False
Designed concealment is a type of misrepresentation where the person is under a duty to disclose information.
Designed concealment is a type of misrepresentation where the person is under a duty to disclose information.
True
Active concealment is the same as non-disclosure.
Active concealment is the same as non-disclosure.
Signup and view all the answers
In the case of Dibley v Furter 1951, the court held that F was not liable to D for non-disclosure of the graveyard.
In the case of Dibley v Furter 1951, the court held that F was not liable to D for non-disclosure of the graveyard.
Signup and view all the answers
A misrepresentation must be made with the intention of persuading the other party to conclude the contract.
A misrepresentation must be made with the intention of persuading the other party to conclude the contract.
Signup and view all the answers
Disclosure is obligatory in all circumstances.
Disclosure is obligatory in all circumstances.
Signup and view all the answers
A warranty or contractual term is considered a misrepresentation.
A warranty or contractual term is considered a misrepresentation.
Signup and view all the answers
An opinion or statement about the future can be considered a misrepresentation.
An opinion or statement about the future can be considered a misrepresentation.
Signup and view all the answers
Non-disclosure of a fact is always actionable.
Non-disclosure of a fact is always actionable.
Signup and view all the answers
A person who has relied on a misrepresentation can cancel the contract or sue for reduction of purchase price.
A person who has relied on a misrepresentation can cancel the contract or sue for reduction of purchase price.
Signup and view all the answers
There is a general duty on a party negotiating a contract to reveal information known to them that may influence the mind of the other party.
There is a general duty on a party negotiating a contract to reveal information known to them that may influence the mind of the other party.
Signup and view all the answers
A party is always considered responsible for the other party's ignorance if they do not disclose information.
A party is always considered responsible for the other party's ignorance if they do not disclose information.
Signup and view all the answers
A contract requires parties to work together in a relationship of trust and confidence, and therefore, omission of information is actionable.
A contract requires parties to work together in a relationship of trust and confidence, and therefore, omission of information is actionable.
Signup and view all the answers
A misrepresentation must be made by a party to the contract or their agent to be considered actionable.
A misrepresentation must be made by a party to the contract or their agent to be considered actionable.
Signup and view all the answers
In the case of non-disclosure, a reasonable person would not have been persuaded against entering into a contract if disclosure had been made.
In the case of non-disclosure, a reasonable person would not have been persuaded against entering into a contract if disclosure had been made.
Signup and view all the answers
A party has a duty to inform by operation of a rule of law, such as in an insurance policy.
A party has a duty to inform by operation of a rule of law, such as in an insurance policy.
Signup and view all the answers
The onus is on the influential party to prove undue influence occurred.
The onus is on the influential party to prove undue influence occurred.
Signup and view all the answers
Restitutio in integrum is a remedy available to the guilty party.
Restitutio in integrum is a remedy available to the guilty party.
Signup and view all the answers
If the innocent party elects to rescind the contract, it terminates immediately.
If the innocent party elects to rescind the contract, it terminates immediately.
Signup and view all the answers
The innocent party has the right to set aside the legal consequences of the contract.
The innocent party has the right to set aside the legal consequences of the contract.
Signup and view all the answers
The innocent party is not bound by the contract's terms if they choose to uphold it.
The innocent party is not bound by the contract's terms if they choose to uphold it.
Signup and view all the answers
Both parties have a duty to restore and/or return any performance made under the contract.
Both parties have a duty to restore and/or return any performance made under the contract.
Signup and view all the answers
Intentional misrepresentation renders a contract voidable.
Intentional misrepresentation renders a contract voidable.
Signup and view all the answers
Negligent misrepresentation can lead to the enforcement of the contract.
Negligent misrepresentation can lead to the enforcement of the contract.
Signup and view all the answers
Innocent misrepresentation allows for a damages claim.
Innocent misrepresentation allows for a damages claim.
Signup and view all the answers
Misrepresentation can only be made verbally.
Misrepresentation can only be made verbally.
Signup and view all the answers
Active concealment is a type of non-disclosure.
Active concealment is a type of non-disclosure.
Signup and view all the answers
Misrepresentation must be made in good faith.
Misrepresentation must be made in good faith.
Signup and view all the answers
