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Exam revision help

  • 22-04-2009 8:16pm
    #1
    darragh666
    Registered Users, Registered Users 2 Posts: 187 ✭✭


    Im doing some revision for a contract exam. Could somebody tell me what are the four elements needed for an actionable misrepresentation?
    Thanks


Comments

  • #2
    sid4lev
    Closed Accounts Posts: 75 ✭✭sid4lev


    I dont think there are a set four elements for misrepresentation.
    Off the top of my head, the main thing re representation is to note that it applies to false statements that do not form part of the contract. ie-they are representations (NOT terms of the contract) that are false.
    Your remedies are in tort (if fraudulent or negligent) or rescission (if innocent). Rescission can be at common law or at statute (SOGA). For examples of what amounts to misrepresentation see:
    Esso Petrolem v Marsden
    Bissett v Wilkinson
    Reese River Silver Mines v Smith
    Smith v Chadwick
    Attwood v Small
    Turner v Green
    Tapp v Lee
    Edgington v Fitzmaurice
    Museprime Properties v Adkill


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