Quiz Misrepresentation

expert

Question 1 / 30

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

expert

Question 2 / 30

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

expert

Question 3 / 30

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

hard

Question 4 / 30

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

hard

Question 5 / 30

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

hard

Question 6 / 30

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

hard

Question 7 / 30

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]

hard

Question 8 / 30

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

expert

Question 9 / 30

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

expert

Question 10 / 30

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

expert

Question 11 / 30

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]

hard

Question 12 / 30

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

expert

Question 13 / 30

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

hard

Question 14 / 30

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]

expert

Question 15 / 30

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

expert

Question 16 / 30

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]

hard

Question 17 / 30

What is the test of materialness?

Subjective

Objective

One of reliance

expert

Question 18 / 30

What is the test of reliance

Objective

Subjective

Depends on the case

medium

Question 19 / 30

Which of these is not a type of misrepresentation?

Fraudulant

Tortious

Negligent

Innocent

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Question 20 / 30

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

hard

Question 21 / 30

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

hard

Question 22 / 30

What must there be for negligent misrepresentation?

A relationship

Forseeable damage

Proximity

Fairness

A duty of care

expert

Question 23 / 30

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

hard

Question 24 / 30

What does s. 2 (1) of the Misrepresentation Act 1967 relate to?

Fraudulent misrepresentation

Innocent misrepresentation

Negligent misrepresentation

Tortuous misrepresentation

Shipping contracts

medium

Question 25 / 30

What are the remedies for misrepresentation?

Rescission and damages

Damages

Action for breach of contract

Rescission and specific performance

Specific performance

expert

Question 26 / 30

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

hard

Question 27 / 30

Which of these is not a bar to rescission?

Affirmation

The contract involves FOB terms

Third Party Rights

Lapse of Time

Restitution is impossible

expert

Question 28 / 30

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

expert

Question 29 / 30

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

hard

Question 30 / 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)

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Quiz Misrepresentation

What is misrepresentation?

Which of these is not one of the four steps to identifying misrepresentation?

In the case of Schawel v Reade [1913] why was the statement a term?

Why was the statement in Ecay v Godfrey [1947] not a term?

Which of these is not a factor essential for identifying an actionable misrepresentation?

Why was the statement in Carlill v Carbolic Smoke Ball Co [1893] not a mere puff?

Which case relates to statements of opinion or belief?

What was held in the case of Smith v Land & House Property Corp [1885]?

Which case held that any behaviour, words or conduct can amount to misrepresentation if it conveys a false impression?

Which case held that silence can amount to a misrepresentation?

Which case supports the idea that there is generally no duty of disclosure?

What did the case of With v O' Falnagan hold?

Which case held that a false statement of law can be actionable?

Which case allowed a statement of future intention to be a statement of fact?

What did the case of Henry Ansbacher & Co Ltd v Binks Stern [1998] hold?

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?

What is the test of materialness?

What is the test of reliance

Which of these is not a type of misrepresentation?

Which case relates to fraudulent misrepresentation?

Which case relates to negligent misrepresentation at the common law?

What must there be for negligent misrepresentation?

Which case gave rise to a stricter approach to duty of care?

What does s. 2 (1) of the Misrepresentation Act 1967 relate to?

What are the remedies for misrepresentation?

What did the case of Redgrave v Hurd (1882) hold?

Which of these is not a bar to rescission?

How are damages awarded for fraudulent misrepresentation?

Which act and section relates to the lack of efficacy of exclusion of misrepresentation clauses?

What is the remedy for innocent misrepresentation?

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