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14 Cards in this Set
- Front
- Back
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Utmost good faith |
Uberrimae fidei IMGUK v Simmonds |
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Subsequent falsity |
With v O'flannagan |
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Half truths |
Partial revelation can be misrepresentation Dimmock v Hallett |
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Client's best interests |
Fiduciary relationships can force contracting parties to disclose certain facts or be misrepresented |
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Voluntary assumption of responsibility |
Silence from a party who has volunteered contracting party's best interests can be misrepresentation westgate insurance |
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Stating opinion |
Regular salesman - not misrepresentation Bisset v Wilkinson Expert opinion - potential misrepresentation Edgington v Fitzmaurice |
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Inducement |
The representation must have been a reason why the plaintiff contracted Redgrave v Hurd |
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Fraudulent misrepresentation |
Making a statement you believe to be false Derry v Peek Awards innocent party with all damages regardless of remotness |
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Negligent misrepresentation |
A statement which a party believed to be true, but did not have sufficient grounds to believe such Byrne v Heller & partners Plaintiff awarded damages under tort of negligence for all foreseeable damages |
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Misrepresentation for non consumer contracts |
Section 2(1) of misrepresentation act 1967 burden to prove reasonable belief for misrepresentation is on the defendant Damages awarded regardless of remoteness |
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Rescission |
Putting contract aside and restoring the plaintiff to their starting position |
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Indemnity payment |
Insurance payouts etc - remedy set in the contract (usable instead of rescission if it is deemed reasonable) Whittington v seale-hayne |
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Bars to rescission |
Affirmation of contract, lapse of time, impossible rescission, rescission would injur a third party's acquired rights |
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Innocent misrepresentation |
Consumer contracts under misrepresentation act 1967 Damages awarded at judges discression |
