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Vitiating Factors - Coggle Diagram

- - - - Silence is not a false statement (Fletcher v Krell)
      - If there are a change in circumstances silence can be a false statement. (With v O'Flanagan)
      - If the relationship is one of "trust" silence can be a false statement. (Tate v Williamson)
      - Half truths are false statements (Dimmock v Hallett)
      - Statement/representation can be a false statement via conduct (Spice Girls v Aprilla)
    - - Must be a false statement about a fact, not an opinion (Bisset v Wilkinson)
    - - The false statement is the cause of the party entering the contract. (Atwood v Small)
  - - - A false statement made honestly (Misrep Act 1967)
    - - A false statement made by someone who had no reasonable grounds to believe otherwise (Hedley Byrne v Heller and Partners)
    - - A statement made which the person knew was untrue, or is reckless as to whether or not it is true. (Derry v Peek)
  - - - The parties will return to their positions before the contract was made.
      - There are however limits on whether this can happen, these are:
        
        The parties cannot return to their previous positions (Clarke v Dickinson)
        
        The contract has been affirmed (Long v Lloyd)
        
        There is a delay (Leaf v International Galleries)
        
        Someone else has gained an interest (Lewis v Averay)