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 the statement to be untrue 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.

Name the tort used for remedies in cases of fraudulent misrepresentation. The tort of ...

Name the statute used for remedies in cases of innocent and negligent misrepresentation.