Misrepresentation
False statement of existing fact or law
Addressed to the representee.
Before or after the contract is formed
Which induces the other party to enter into the contract.
An actionable misrepresentation renders a contract voidable.
Approach to problem question
Is there a false statement or fact?
Check the timing of the statement.
Did the statement induce the other party to enter into the contract?
Once this has been established, identify the type of misrepresentation.
Advise on available remedies.
Is there a false statement of fact?
Fact not opinion- Bisset v Wilkinson (1927)
Statement of opinion may imply a statement of fact- Smith v Land House Property
Corporation
Expert opinion (Esso v Mardon 1976)
- Considerable expertise in this area
Fact not intention: a statement of future intention (not fact) will not be a
misrepresentation (Edgington v Fitzmaurice 1885 compared with Inntrepreneur Pub
Co v Sweeney 2002)
Silence
Silence is not misrepresentation (Fletcher v Krell; Turner v Green)
False statement of existing fact or law
Addressed to the representee.
Before or after the contract is formed
Which induces the other party to enter into the contract.
An actionable misrepresentation renders a contract voidable.
Approach to problem question
Is there a false statement or fact?
Check the timing of the statement.
Did the statement induce the other party to enter into the contract?
Once this has been established, identify the type of misrepresentation.
Advise on available remedies.
Is there a false statement of fact?
Fact not opinion- Bisset v Wilkinson (1927)
Statement of opinion may imply a statement of fact- Smith v Land House Property
Corporation
Expert opinion (Esso v Mardon 1976)
- Considerable expertise in this area
Fact not intention: a statement of future intention (not fact) will not be a
misrepresentation (Edgington v Fitzmaurice 1885 compared with Inntrepreneur Pub
Co v Sweeney 2002)
Silence
Silence is not misrepresentation (Fletcher v Krell; Turner v Green)
