Vitiating Factors (Misrepresentaion)
- A woman wasnt asked about her marital statue so it didnt effect the agreement
Fletcher v Krell
- Finacial advisor said to sell land at a reduced price, with the seller being unaware the advisor was buying it himself.
Tate v Williamson
- Doctors surgey went down in value after the clients left
-Subsequent falsity
With v O'Flanagan
- The seller said there were tenants on the land, but nothing about them leaving
Dimmock v Hallett
- The group was pictured together with no intetnion to split. When they split up, the photos for promotion had no value.
Spice Grils Ltd v Aprilia World Services
- Jewellery case with a husband convicted of fraud
- Uberrimae fidei
Lambert v Co-Op Insurance Society
- Statement that land could hold 2000 sheep was not a misrep as the owner had no experience farming sheep.
Bisset v Wilkinson
- Statement of being "the most desireable tentant" was a misrep as the tenant did not pay his rent.
Smith v Land and House Properties Corp.
- Paying exisitng debt off with a loan meant ot be used for building refurbishments is a misrep as they had no intention to use the money in its intended way.
Edgington v Fitzmaurice
- False statment and survey about a mine was not a misrep as the buyer bought the mine on the statement of th survey, not the sellers statement.
Attwood v Small
- Reliance on a statement rather than given accounts is enough to amount the misrepresentaion if the statement is false.
Redgrave v Hurd
- 'No reasonable person' would rely on these statements was seen as a misrepresentation as the purchaser relied on the statements to make a purchase.
Museprime Properties v Adhill Properties
- Knowingly
-Without belief in its truth
- Reckless to whether it is true or false
Derry v Peek
- Burden of proof is on the defendant to prove there were reasonable grounds to believe the statements truth.
Howard Marine v Ogden & Sons