| Term | Definition |
|---|
| s6 CRA 1979 | damages for misrepresentation - any misrep inducing entry into a contract is redressable in damages as if it were a term of the contract |
| s7 CRA 1979 | provides that contracts may be cancelled for misrepresentation in regards to essential matter, however party can take damages and countinue with the contract. |
| Bissett v wilkinson | a statement of opinion is on grounds incapable of actual proof, there fore not representation of fact so if untrue is not misrepresentation |
| Opinion is misrepresentation if" | speakers didnt hold opinion or reasonable person in having that persons knowledge could not have held that opinion |
| Smith v Lord & House Prop Corp | not opinion if speaker was in a better position to know the facts then other party |
| Edgington v Fitzmaurice | a statement of intention is a statement of fact and if untrue in a misrep of what that persons intention really was. |
| Scoot v Hanson | puff is not a statement of fact and has no legal effect |
| Edgington v Fitzmaurice | The statement is an opinion of what the law is and the maker of the statement knows that it is wrong, in which case there is a misrep as to the defendent's opinion. |
| Fox v Macreth | Silence is not misrep unless: |
| Thompson v Vincent 'council will no longer grant permits' | the representation is a partial/half truth which distorts the position. |
| With v O'Flanagan | the statement was true at time, then changed and def doesnt instruct other party of this change |
| King v Wilkinson | If silent conduct can be seen to positively affirm a misconception that the other had |
| Wakelin v Jackson | vendor to property held liable to misrepresentation of agent |
| Edgington v Fitzmaurice | misrepresentation does not need to be the sole inducement |
| Savil v NZI Finance | there is inducement to enter contract only where the person making the rep intended it to induce, or where the language used would induce a normal person |
| Horsfall v Thomas | no inducement thus no misrepresentation when plaintiff did not know of its existence |
| Smith v Chaswick | no inducement thus no misrepresentation when plaintiff did not allow it to affect his o her judgment |
| buxton v The Birches timeshare | if plaintiff aware of its untruth, then no misrep |
| s6 agent is | not liable in contract for misrepresentation but liable in tort |
| s6 distinction | between innocent and fraudulent misrep had been done away with |
| FTA 1986 s9 (smythe v baileys) | no person, in trade shall engage in conduct that is misleading or deceptice or is likely to mislead or deceive |
| FTA 1986 agent is | liable for misrep in the fta. Plaintff must have suffered loss under this act |
| FTA | disclaimers not effective, 3 years from time as oppossed to 6 for cra 1979 |
| non disclosure does have legal consequences when: | fiduciary duties, insurance where one party has complete info an bound to share, family arrangements, taking shares in company |
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