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  • contract accounts for 11 out of 812 casebriefs.

Style of causeRatio

Bisset v Wilkinson [1927] AC 177

A statement of opinion/belief is not the same as a statement of fact, so an opinion which turns out to have been unjustified will not amount to misrepresentation.

When the facts are known to both parties.

Dimmock v Hallett (1866) LR 2 Ch App 21

A statement which is itself true, but which misrepresents the whole situation because of what is left unsaid, can amount to a misrepresentation.

East v Mauer [1991] 1 WLR 461

Fraudulent misrepresentation can be remedied by damages through tort law.

Foregone profits: recoverable via tort where C might be expected to make them in a SIMILAR hairdressing business.
To recover profits that would have been particular to THIS business, breach of a contractual warranty needed to be shown.

Edgington v Fitzmaurice (1884) 29 Ch 459

Where a party has been induced both by his own mistake + a material misstatement by other party to do an act by which he receives injury, the speaking party may be made liable in an action for deceit.

A misstatement of the intention of one party in doing a particular act can amount to a misstatement of fact. If the other party was misled by it, an action of deceit may be founded on misstatement of fact.

Esso Petroleum Co Ltd v Mardon [1976] QB 801

A statement as to the future is not a statement of fact and cannot amount to a misrepresentation.

A party's relative expertise compared to the other party must be deemed to have warranted a forecast was made with reasonable care and skill, as the statement induced the contract.

Herd v Weardale Steel, Coal and Coke Co Ltd, [1915] AC 67, 84 LJKB 121 (HL)

A person who binds himself (by contract) to be held, cannot bring an action of false imprisonment against the holder. (It is not false imprisonment to hold a person to the situational conditions they accept when they enter into a contract).

Hummingbird Motors Ltd v Hobbs [1986] RTR 276

Amateurs are more likely to get away with qualifying facts as opinions.
An innocent but inaccurate statement if an accurate representation of party's knowledge and belief cannot amount to a misrepresentation.
A mere statement of opinion which proves to have been unfounded will not be treated as misrepresentation.

Leaf v International Galleries [1950] 2 KB 86

Rescission (an equitable remedy) for innocent misrepresentation is open to buyer but within a reasonable time.

Smith v Land and House Property Corporation (1884) 28 ChD 7

An opinion which is not held/could not be held by a reasonable person with the speaker's knowledge is a statement of fact.

Spice Girls Ltd v Aprilia World Service BV [2002] EWCA Civ 15

Conduct before the contract can amount to implied representation, and so can amount to misrepresentation if it induced the other party to enter contract, and it is false/later falsified.

With v O'Flanagan [1936] Ch 575

Silence about a change of circumstances can amount to a misrepresentation.