Misrepresentation and economic duress

Silence is not normally misrepresentation. Name the case where the court decided that a governess who stayed silent about her divorce did not misrepresent.

Which one of the following cases shows that you can misrepresent by failing to disclose a change of circumstances? (The case of the doctor selling his practice.)

• With v O’Flanagan

• Dimmock v Hallett

• Tate v Williamson

• Bisset v Wilkinson

Which one of the following cases shows that you can misrepresent by telling a half-truth? (The case of the sale of land where the tenants were leaving.)

• With v O’Flanagan

• Dimmock v Hallett

• Tate v Williamson

• Bisset v Wilkinson

Name the case that shows that actions can be a misrepresentation.

Misrepresentation must concern a statement of material fact and not a statement of opinion. In which of the following was there a statement of material fact?

• Bisset v Wilkinson

• Smith v Land and House Property Corporation

Karl offers to sell Sarah his 'Rolex' watch. Sarah isn't sure that it is genuine so she asks Antoni who is a watch expert. Antoni says that it is genuine so she buys it. It turns out that the watch is fake. Can Sarah use misrepresentation against Karl?

• Yes

• No

Answer explanation

It has to be Karl's misrepresentation that causes Sarah to buy the watch. Here it looks like Antoni is the cause of her purchase. Following Attwood v Small Sarah cannot claim misrepresentation against Karl.

Which ONE of the following is the best definition of fraudulent misrepresentation?

• The defendant knows that the statement is untrue.

• The defendant believed in the truth of the misrepresentation but had no reasonable grounds for their belief.

• The defendant either believed the statement to be untrue or was reckless about whether or not it was true.

• The defendant made a false statement but believed it to be true on reasonable grounds.

Which ONE of the following is the best definition of innocent misrepresentation?

• The defendant knows that the statement is untrue.

• The defendant believed in the truth of the misrepresentation but had no reasonable grounds for their belief.

• The defendant either believed the statement to be untrue or was reckless about whether or not it was true.

• The defendant made a false statement but believed it to be true on reasonable grounds.

Which ONE of the following is the best definition of negligent misrepresentation?

• The defendant knows that the statement is untrue.

• The defendant believed in the truth of the misrepresentation but had no reasonable grounds for their belief.

• The defendant either believed the statement to be untrue or was reckless about whether or not it was true.

• The defendant made a false statement but believed it to be true on reasonable grounds.

Find the one FALSE statement about rescission.

• It is an equitable remedy

• A judge will be less likely to use rescission the more delay there has been.

• It cannot be used for innocent misrepresentation.

• It cannot be used if a third party has gained rights over the property in good faith.