LLB Contract Law
Terms
undefined, object
copy deck
-
Misrepresentation
A false statement of fact is actionable - Edington v Fitzmarice
-
Misrepresentation
A statement of opinion is not actionable - Bisset v Wilkinson
-
Misrepresentation
Oral statement overrules exclusion clause - Curtis v Chemical Cleaning & Dyeing Co.
- What are the three types of misrepresentation?
-
1. Fraudulent
2. Negligent
3. Innocent -
Misrepresentation
A misrepresentive will be binding if the plaintiff obtains independent advice. - Attwood v Small
-
Misrepresentation
Silence can be actionable if one party alone knows all the material facts and fails to communicate them.
uberrimae fidei (of the upmost good faith)
Usually applies to insurance contracts - With v O'flanagan
- A contract is subject to perfect performance within the doctrine of de minimis
- Bolton v Mahadeva
- Where a contract is severable the consideration will be liable for the performed part of that contract.
- Bolton v Mahadena
-
Damages
Where preperations are made for the performance of a contract, the defaulter will be liable for the expenditure outlayed. - Anglia TV v Reed
- The aim of damages in contract is to put the parties in a position as they would have been in if the contract had been performed.
- Robinson v Harman
- Where the contract is for pleasure, relaxation or peace of mind the parties will be liable for the loss of amenity.
- Farley v Skinner
-
Damages
The court should evaluate the chance of the loss of chance in evaluating the level of damages liable. - Stovold v Barlows
- There is a presumption not to create a legal relationship between a husband and wife
- Balfour v Balfour
-
Case Facts??
Balfour v Balfour - A husband works abroad and states that he will pay his wife who is living in Britain, he fails to do so and the wife sues on the promise.
-
Case Facts??
Edington v Fitzmorice -
Negligent Mistatement of fact
The defendant stated that the loans he obtained from the plaintiff were for the improvement of property when they were actually for the payment of accrued debt. -
Case Facts??
Attwood v Small - The defendant was selling a mine, the plaintiff obtained a survey from an independent surveyer rather than rely on the statement of condition of the mine, the court held that this broke the defendants liablity in mistatement.
-
Case Facts??
Curtis v Chemical cleaning & Dyeing Co. -
The Plaintiff contracted to have a wedding dress cleaned by the defendant, the defendants employee stated that a signiture made on a ticket was an exclusion clause for the liablity of the buttons on the dress.
The actual exclusion clause was to exclude liability for any and all damage caused to the garmentno matter what. The court held that the misstatement made by the employee could over-ride the written exclusion clause. -
Case Facts??
Bisset v Wilkinson -
The plaintiff asked if a farm the defendant was selling could hold 2000 sheep, the defendant stated as a matter of opinion (he was neither a sheep farmer or had, had sheep on the farm) that it could indeed hold 2000 sheep.
As the farmer had stated as a matter of opinion and not as an expert informed fact the statement could not be relied upon and was therefore not a misrepresentation.