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misrepresentation - Coggle Diagram
misrepresentation
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3 - is it a statement
includes express word
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The claimant took her wedding dress to the cleaners. She was asked to sign a form. She asked the assistant what she was signing and the assistant told her that it excluded liability for any damage to the beads. The form in fact contained a clause excluding all liability for any damage howsoever caused. The dress was returned badly stained.
Held:The assistant had misrepresented the effect of the clause and therefore could not rely on the clause in the form even though the claimant had signed it.
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4 - is it unambiguos
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dimmock v hallet
In selling some farm land, the defendant told the claimant that all of the farms were under tenancy, which was factually true
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Misleading to omit such vital information where the reason for the question was clearUnambiguous, False Statement, Fact
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6) is it a half truth
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dimmock v hallet
Estate for sale - one farm described as let to a tenant £290 per year.
• Omitted to state that the tenant had only paid £1 for three months and had left the farm.
• Held: Misrepresentation - literally true but misleading.
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definition
a false stateemnt of existing ftca made by one aprty to antoher which induces the representee to enter into the contract
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FINALLY, the claiamnt knew or believed that the misrepresentation was false
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Redgrave v Hurd
Redgrave told Hurd solicitor practice worth £300 per year. Hurd given opportunity to examine accounts but did not do so, held that there was a misrepresentation even though there was an opportunity to dsichover the tryth
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