Deck 8: Misrepresentation

Question 1

Notwithstanding limited exceptions, silence can amount to a misrepresentation?

Answer 1

False

Question 2

Is it sufficiently and readily clear for a victim of misrepresentation how the law will calculate damages under the Misrepresentation Act 1967?

Answer 2

No Answer

Question 3

What is the significance of the decision in Edgington v Fitzmaurice?

Answer 3

No Answer

Question 4

How effective are the remedies for misrepresentation?

Question 5

Should the law simply develop a rule of 'reasonable disclosure' compelling parties to disclose any relevant information before a contact is concluded?

Question 6

To what extent does the doctrine of misrepresentation fit with the 'ethos' of English contract law?

Question 7

Silence can amount to a misrepresentation in contracts that are said to be of what nature (as illustrated in Lambert v Co-operative Insurance Society)

A) Uberrimae fidei
B) Made under oath
C) Of utmost good faith
D) Contracts of guarantee

Question 8

The impossibility of which of the following will make a claim for misrepresentation impossible?

A) Re-constitutancy
B) Repudiation
C) Remuneration
D) Restitution

Question 9

The judgment in which case illustrates that a claim for misrepresentation may be barred by the passage of time?

A) Clarke v Dickson
B) Re Constable
C) Harlingdon & Leinster Enterprises v Christopher Hull Fine Art
D) Leaf v International Galleries

Question 10

Which case demonstrates that a party will lose the right to rescind a contract where they have subsequently affirmed a misrepresentation?

A) Barton v County NatWest Ltd
B) Long v Lloyd
C) Lloyd v Ritchie
D) Midland Bank v Barton

Question 11

That silence can amount to a misrepresentation, where an earlier, true statement is no longer accurate was established in which case?

A) Witt v O'Flaherty
B) White v O'Flanagan
C) With v O'Flanagan
D) Esso Petroleum v Mardon

Question 12

Bisset v Wilkinson establishes that which of the following cannot form the basis of a claim for misrepresentation?

A) A statement
B) A statement of opinion given by a contracting party

Question 13

The calculation of damages under s 2(1) of the Misrepresentation Act is that used in contract claims and not tort claims.

Question 14

It is still not possible to use the law of negligence to claim damages for negligent mis-statements which form a representation?

Question 15

At common law, damages were available only for fraudulent misrepresentation?

Question 16

A claim for misrepresentation will be barred where the victim of the misrepresentation later affirms the contract?

Question 17

A claim for misrepresentation will fail where the claimant relied on a statement which an objectively reasonable person would not have done?

Question 18

A statement of subjective opinion can amount to a misrepresentation?

Question 19

To what extent can parties effectively exclude liability for misrepresentation?

Question 20

Which of the following is not a requirement of establishing misrepresentation?

A) False statement
B) False opinion
C) Statement of existing fact or law
D) Reliance on the statement

Question 21

Which of the following statements is most likely to give rise to a claim of misrepresentation if false?

A) This radio is the best in the world
B) This radio receives FM
C) This radio will last 100 years
D) This radio should receive FM

Question 22

In which case would a shop not be liable for misrepresentation for falsely describing a product?

A) If the customer was offered the chance to inspect the manual
B) If the owner of the shop offered the description
C) If an employee of the shop offered the description
D) If the customer did not pay attention to the description and relied on his own evidence instead

Question 23

George and Michael go to a supermarket to purchase a kettle. Under which principle could Michael be liable if he wrongly advised George to buy a kettle after misreading the product description?

A) Breach of contract
B) Criminal liability
C) Negligent misstatement
D) Michael would not be liable

Question 24

Andy buys a car from CarHouse after being told it has only done 10,000 miles. If the statement is false would Andy be able to sue CarHouse for:

A) Breach of contract?
B) Misrepresentation?
C) Both?
D) Neither?

Question 25

Kelly has entered into a pay-monthly mobile phone contract after a misrepresentation. Would the contract be:

A) Void?
B) Voidable?
C) Unaffected?
D) Temporarily suspended?

Question 26

What remedies are not available for any type of misrepresentation?

A) Damages
B) Rescission
C) Rescission and Damages
D) Specific performance

Question 27

The tort of negligent misstatement was established by which decision?

A) Hedley Byrne v Heller
B) Atlas v Kafco
C) Smith v Land
D) Leaf v International Galleries

Question 28

Liar Ltd as part of a promotional campaign claimed that their electric shavers would eliminate the need for frequent shaving. Would their customers:

A) Be able to claim misrepresentation if this was not true?
B) Be able to claim misrepresentation if they still needed to shave twice a week?
C) Not be able to claim misrepresentation as the statement was an opinion?
D) Not be able to claim misrepresentation the information was in an ad.

Question 29

Which statutory provisions provides a remedy in damages for what is commonly referred to as negligent misrepresentation?

A) S 1(2) Misrepresentation Act 1967
B) S 2(1) Misrepresentation Act 1967
C) S 1(2) Misrepresentation Act 1979
D) S 2(1) Misrepresentation Act 1979

Question 30

Which case is authority for the fact that a misrepresentation can be made by actions as well as words?

A) With v O' Flanagan (1936)
B) Spice Girls Ltd v Aprilia World Service BV (2000)
C) SC. Edgington v Fitzmaurice (1885)
D) D. Redgrave v Hurd (1881)