Misrepresentation
These law notes look at an actionable Misrepresentation in Contract Law. A Misrepresentation is a unambiguous, false, statement of fact (or law), addressed to the party misled, which is material and induces the contract, and causes loss. Each case is presented as concise summary giving the student the working ability to quickly understand the facts that are important. Followed by the ratio of the case and the reason why decision was arrived at and how the case creates the general principle. There is also commentary on how the case should be applied when giving advice.
Cases
Ambiguous statement
McInerny v Lloyds Bank Ltd [1974] 1 Lloyd's Rep 246(CA)
Statement of Fact
Esso Petroleum Co Ltd v Mardon[1976] 2 All ER 5
Statement of Law
Pankhania v Hackney LBC [2002] NPC 123
Chapelton v Barry UDC [1940] 1 All ER 356, CA
Silence
Dimmock v Hallett [1866] LR 2 Ch App 21
Ongoing Silence
With v O’Flanagan[1936] Ch 575
Contracts of Utmost Good Faith
Tate v Williamson (1866) LR 2 Ch App 55
Reliance
Horsefall v Thomas [1862] 1 H & C 90
Fraudulent Misrepresentation
Derry v Peek [1889] 14 App Cas 337
Negligent Misrepresentation
Hedley Byrne v Heller & Partners (1964) AC 465
Innocent Misrepresentation
Redgrave v Hurd (1881) 20 Ch D 1
Rescission
Long v Lloyd [1958] 1 WLR 753
Damages
s.2(1) Misrepresentation Act 1967
East v Maurer [1991] 2 All ER 733
Remoteness of Damages
Smith New Court Securities Ltd v Scrimgeour Vickers (Asset Management) Ltd.[1996] 4 All ER 769
These law notes look at an actionable Misrepresentation in Contract Law. A Misrepresentation is a unambiguous, false, statement of fact (or law), addressed to the party misled, which is material and induces the contract, and causes loss. Each case is presented as concise summary giving the student the working ability to quickly understand the facts that are important. Followed by the ratio of the case and the reason why decision was arrived at and how the case creates the general principle. There is also commentary on how the case should be applied when giving advice.
Cases
Ambiguous statement
McInerny v Lloyds Bank Ltd [1974] 1 Lloyd's Rep 246(CA)
Statement of Fact
Esso Petroleum Co Ltd v Mardon[1976] 2 All ER 5
Statement of Law
Pankhania v Hackney LBC [2002] NPC 123
Chapelton v Barry UDC [1940] 1 All ER 356, CA
Silence
Dimmock v Hallett [1866] LR 2 Ch App 21
Ongoing Silence
With v O’Flanagan[1936] Ch 575
Contracts of Utmost Good Faith
Tate v Williamson (1866) LR 2 Ch App 55
Reliance
Horsefall v Thomas [1862] 1 H & C 90
Fraudulent Misrepresentation
Derry v Peek [1889] 14 App Cas 337
Negligent Misrepresentation
Hedley Byrne v Heller & Partners (1964) AC 465
Innocent Misrepresentation
Redgrave v Hurd (1881) 20 Ch D 1
Rescission
Long v Lloyd [1958] 1 WLR 753
Damages
s.2(1) Misrepresentation Act 1967
East v Maurer [1991] 2 All ER 733
Remoteness of Damages
Smith New Court Securities Ltd v Scrimgeour Vickers (Asset Management) Ltd.[1996] 4 All ER 769
These law notes look at an actionable Misrepresentation in Contract Law. A Misrepresentation is a unambiguous, false, statement of fact (or law), addressed to the party misled, which is material and induces the contract, and causes loss. Each case is presented as concise summary giving the student the working ability to quickly understand the facts that are important. Followed by the ratio of the case and the reason why decision was arrived at and how the case creates the general principle. There is also commentary on how the case should be applied when giving advice.
Cases
Ambiguous statement
McInerny v Lloyds Bank Ltd [1974] 1 Lloyd's Rep 246(CA)
Statement of Fact
Esso Petroleum Co Ltd v Mardon[1976] 2 All ER 5
Statement of Law
Pankhania v Hackney LBC [2002] NPC 123
Chapelton v Barry UDC [1940] 1 All ER 356, CA
Silence
Dimmock v Hallett [1866] LR 2 Ch App 21
Ongoing Silence
With v O’Flanagan[1936] Ch 575
Contracts of Utmost Good Faith
Tate v Williamson (1866) LR 2 Ch App 55
Reliance
Horsefall v Thomas [1862] 1 H & C 90
Fraudulent Misrepresentation
Derry v Peek [1889] 14 App Cas 337
Negligent Misrepresentation
Hedley Byrne v Heller & Partners (1964) AC 465
Innocent Misrepresentation
Redgrave v Hurd (1881) 20 Ch D 1
Rescission
Long v Lloyd [1958] 1 WLR 753
Damages
s.2(1) Misrepresentation Act 1967
East v Maurer [1991] 2 All ER 733
Remoteness of Damages
Smith New Court Securities Ltd v Scrimgeour Vickers (Asset Management) Ltd.[1996] 4 All ER 769