CONTRACT LECTURES
TRANSCRIPT CONTRACT LECTURE 6
CLAIRE STRICKLAND Pre-contractual statements and misrepresentation Pt 1 time : 45 mins 05 secs
Track/slide 11 01.53
What we are going to look at is:
i.
ii.
iii.
the general rules for when a representation is actionable
the three main types of misrepresentation
remedies for misrepresentation
In considering the general rules for when a representation is actionable, we shall do so by
consideration of some of the key cases including:
McInery v Lloyd’s Bank ltd 1974
Gordon v Sellico 1986
Spice Girls Ltd v Aprilia World Service BV 2000
Keates v The Earl of Cadogan 1851
Dimmock v Hallett 1866
Bisset v Wilkinson 1927
Smith v Land & House Property Corp 1885
Esso Petroleum Co Ltd v Mardon 1976.
Edgington v Fitzmaurice 1885
Solle v Butcher 1950
Horsfall v Thomas 1862
Museprime Properties Ltd v Adhill Properties Ltd 1990
Attwood v Small 1838
Redgrave v Hurd 1881
Remember, that what we have to show for a representation to become an actionable misrepresentation, is that the representor made:
-
a false and unambiguous
statement
of present fact
which induced the representee to enter into the contract.