| Term | Definition |
|---|
| s6 CRA 1979 | actionale misrep 1) com law defines misrep 2) made on behalf of a party 3)made to another party 4) misrep must have INDUCED that other party to enter into the contract |
| Edgington v Fitzmaurice | a statement of intention is a statement of fact and if untrue is a misrepresentation as to what that person's intention was |
| Ware v Johnson | a statement about the future that necessarily implies a statement about a present fact may be a misrepresentation |
| Statement of opinion | Bissett v Wilkinson - a statement of opinion is not a statement of fact and if untrue is not a misrep |
| statement of opinion exceptions | Smith v Land & House - the speaker did not hold that opinion or a reasonable person in having that persons knowledge could not have held that opinon |
| Fox v Mackreth | silence is not misrep unless: |
| Thomson v Vincent | silence is misrepresentation if the representation is a partial truth which distorts the position |
| with v O'flanagan | silence is misrep where statement was true but no longer true & maker of the statement does not inform other party |
| King v wilkinson | silence is misrep where silent conduct can be seen to positively affirm a misconception that the other had |
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