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10 Cards in this Set
- Front
- Back
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Spooner v Eustace |
Silence is not a misrepresentation |
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False statements of fact can be made by |
* words * conduct (or the two combined) Traditional rule: Mere silence does not constitute a false statement; no duty to disclose; caveat emptor (let the buyer beware) |
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NZ Motor Bodies v Emslie |
(1) Misrepresented statements of fact about the future are misrepresentations. |
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Edgington v Fitzmaurice |
A statement of intention is not factual: exception 1 Prospectus stated the purpose of raising money was to buy horses and vans and alterations, but really it was intended only to pay off existing debts. Held: Misrep. All along the firm wanted to pay off existing debts. |
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West v Quayside Trustee Ltd |
A statement of intention is not a statement of fact Vendor promised to hire purchaser as a subcontractor in construction, but hired other people in the end. Held: No misrep. Intention is not fact, thus you cannot establish a claim. |
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Smith v Land and House Property Corporation |
If you know more about the matter on which you are basing your opinion, there will be misrep if your opinion is based on reasonable grounds. "a most desirable tenant" |
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Easterbrook v Hopkins |
Exception 1 If an opinion is not genuine, it is a lie "a little gold mine" "one of the best businesses in town" |
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Bisset v Wilkinson |
A lack of experience/understanding means no reasonable grounds to base opinion on Neither seller nor purchaser had experience with sheep farming. Court assumed farmer was unaware. |
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Dimmock v Hallet |
Misrep. Statements of exaggerated opinion are not false statements of fact. uncommonly rich water meadow" "very fertile and improvable" |
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Price v Sports Marine Ltd |
You cannot contract out of the CGA under s43, unless for business transactions. |
