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  • untrue statement accounts for 7 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.

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.

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.

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.