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Misrepresentation
by
Diamondsareforever
231 played -
10 yrs ago
A quiz about the doctrine of misrepresentation in English Contract Law
30 QUESTIONS
44%
1
What is misrepresentation?
An unambiguous false statement of fact addressed to the party misled that induced the other party to enter the contract and is material
An unambiguous false statement of fact that induced the other party to enter into the contract
A statement which is addressed to the party misled
A material statement that is unamiguous
A false statement of fact
2
Which of these is not one of the four steps to identifying misrepresentation?
Distinguish a term of a contract from a representation
Identify an actionable misrepresentation
Differentiate between the different types of misrepresentation
Identify who made the statement
Analyse the remedies for misrepresentation
3
In the case of Schawel v Reade [1913] why was the statement a term?
It was misleading
It referred to the horse in question
It was strong and supported by expert evidence
It was so strong that it was the basis on which the offer was made
It suggested that an inspection should be sought
4
Why was the statement in Ecay v Godfrey [1947] not a term?
It related to a boat
The statement induced the other to enter into the contract
There was a lapse of time between the statement made and the contract being formed
It related to a horse
There was no intention that the sellers representation should become a term of the contract
5
Which of these is not a factor essential for identifying an actionable misrepresentation?
It was a mere puff
It was unambiguous
It was a false statement
It was a statement of fact
It induced the other party to enter into the contract
6
Why was the statement in Carlill v Carbolic Smoke Ball Co [1893] not a mere puff?
It was an advert in a newspaper
It was aimed at doctors
It related to the sale of a boat
The deposit of £1, 000 in the bank envisioned seriousness
The statement was not meant to be taken literally
7
Which case relates to statements of opinion or belief?
Smith v Land & House Property Corp [1885]
Curtis v Chemical Dry Cleaning [1951]
Spice Girls v Aprilla World Service BV [2002]
Schawel v Reade
Bisset v Wilkinson [1927]
8
What was held in the case of Smith v Land & House Property Corp [1885]?
That it was a statement of opinion or belief
That any behaviour sufficient to amount to a misrepresentation is allowed
That silence can amount to a misrepresentation
That where one party has special knowledge or skill the statement is a term
Where a statement of fact is made by one who knows the facts better than the other then it is likely a statement of material fact
9
Which case held that any behaviour, words or conduct can amount to misrepresentation if it conveys a false impression?
Curtis v Chemical Dry Cleaning [1951]
Bisset v Wilkinson [1927]
Smith v Land & House Property Corp [1885]
Ecay v Godfrey
Redgrave
10
Which case held that silence can amount to a misrepresentation?
Fletcher v Krell [1873]
With v O'Falnagan [1936]
Derry v Peek [1889]
Spice Girls Ltd v Aprillia World Service BV [2002]
Hedley Byrne & Co v Heller
11
Which case supports the idea that there is generally no duty of disclosure?
With v O'Falngan [1936]
Spice Girls v Aprillia World Service BV [2002]
Schawel v Reade
Ecay v Godfrey
Fletcher v Krell [1873]
12
What did the case of With v O' Falnagan hold?
That there is no duty of disclosure
That there is a duty of disclosure in contracts uberrimae fidei
That where there has been a change of circumstances there is a duty of disclosure
There is a duty of disclosure if there is a fiduciary relationship
There is a duty of disclosure if silence makes another statement misleading
13
Which case held that a false statement of law can be actionable?
Kleiwort Benson v Lincoln City Council [1999]
With v O'Falnagan [1936]
Edgington v Fitzmaurice [1885]
Derry v Peek [1889]
Hedley Byrne Co v Heller
14
Which case allowed a statement of future intention to be a statement of fact?
With v O'Falnagan [1936]
Kleinwort Benson v Lincoln City Council [1999]
Schawel v Reade
Ecay v Goddfrey
Edgington v Fitzmaurice [1885]
15
What did the case of Henry Ansbacher & Co Ltd v Binks Stern [1998] hold?
That a representor is not liable if a statement is true
That a representor is guilty of fraud if he makes an ambiguous statement intending it to bear a meaning which he knows is untrue
That there is an objective test of materialness
That there is a subjective test of reliance
That a statement must be ambiguous
16
Which case held that there is no misrepresentation where a statement is true and the party understands it in that sense but that understanding is obscure?
Henry Ansbacher & Co Ltd v Binks Stern [1998]
Museprime Properties Ltd v Adhill Properties Ltd [1991]
Attwood v Small [1838]
Redgrave v Hurd [1881]
McInerny v Lloyds Bank Ltd [1974]
17
What is the test of materialness?
Subjective
Objective
One of reliance
18
What is the test of reliance
Objective
Subjective
Depends on the case
19
Which of these is not a type of misrepresentation?
Fraudulant
Tortious
Negligent
Innocent
20
Which case relates to fraudulent misrepresentation?
Roland v Victor (1923)
Hedley Byrne & Co v Heller
Derry v Peek [1889]
Schawel v Reade
Ecay v Godfrey
21
Which case relates to negligent misrepresentation at the common law?
Hedley Byrne & Co Ltd v Heller Partners Ltd [1964]
Derry v Peek [1889]
Hands v Slaney
Schawel v Reade
Ecay v Goddfrey
22
What must there be for negligent misrepresentation?
A relationship
Forseeable damage
Proximity
Fairness
A duty of care
23
Which case gave rise to a stricter approach to duty of care?
Hedley Byrne & Co Ltd v Heller & Partners Ltd [1964]
Esso Petroleum Co Ltd v Mardon [1976]
Caparo Industries Plc v Dickman [1990]
Tungsten v Tool Metal Manufacturing [1955]
Schawel v Reade
24
What does s. 2 (1) of the Misrepresentation Act 1967 relate to?
Fraudulent misrepresentation
Innocent misrepresentation
Negligent misrepresentation
Tortuous misrepresentation
Shipping contracts
25
What are the remedies for misrepresentation?
Rescission and damages
Damages
Action for breach of contract
Rescission and specific performance
Specific performance
26
What did the case of Redgrave v Hurd (1882) hold?
That affirmation is a bar to rescission
That third party rights create a bar to rescission
That a lapse of time creates a bar to rescission
That damages are always available
That rescission is in principle available for all cases of misrepresentation
27
Which of these is not a bar to rescission?
Affirmation
The contract involves FOB terms
Third Party Rights
Lapse of Time
Restitution is impossible
28
How are damages awarded for fraudulent misrepresentation?
Reasonably foreseeable loss
All consequential loss
Tortuous 'Out of Pocket' loss and all consequential loss
Foreseeable and out of pocket loss
Rescission
29
Which act and section relates to the lack of efficacy of exclusion of misrepresentation clauses?
S. 8 Unfair Contract Terms Act 1977
S. 7 Misrepresentation Act 1967
S. 11 (1) Unfair Contract Terms Act 1977
S. 2 (2) Misrepresentation Act 197
S. 9 Unfair Contract Terms Act 1977
30
What is the remedy for innocent misrepresentation?
Out of pocket loss and all consequential loss
Out of pocket loss that is reasonably forseeable
Tortuous damages
Recoverable damages
Rescission + indemnity + damages (usually)
Suggested by
Diamondsareforever
on
Quizz.biz
for
www.chestnutridge.co.uk
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