CHAR_A01.PDF, page 1-18 @ Normalize ( CHAR_A01.QXD )

paramount need in this important field is that these minimum requirements should be clear, simple and practically operable.” Th ...

A threat to breach contract must be more than commercial pressure and the sum will normally be substantial, e.g. loss of liveli ...

Banking cases These are situations where there is not normally a special or fiduciary relationship, but there may be in particul ...

5 ‘The law relating to undue influence has now developed to the extent that banks should be well aware of the steps needed to en ...

11 Misrepresentation A contract may be well formed, containing all the necessary elements to make it valid, but could still be u ...

An untrue statement of fact To be actionable, a misrepresentation must be a mis-statement of an existing fact. It must not be: ...

So, usually, a statement of opinion will not give rise to a claim in misrepresentation. However, what seems to be a statement of ...

Statements of future intentions These are not generally actionable as misrepresentations. However, if it can be proved that the ...

Statements of law These have traditionally not been actionable, as they are not regarded as statements of fact. Also, people are ...

those facts might have influenced the other party, and even if it is obvious that the other has a wrong impression that could be ...

If a seller of goods does some positive act to deliberately conceal defects in goods, this may amount to misrepresentation. In ...

Contracts uberrimae fidei (of utmost good faith) go a step beyond fiduciary relationships, and impose an absolute duty to discl ...

Misrepresentation passed on via a third party Once an untrue statement has been made from one party to another, it is usually co ...

made to buy a car, rescission would mean that the buyer hands back the car and the seller hands back the money paid. Damages is ...

going back to the original position. As the remedy of rescission is an equitable one, in certain circumstances where unfairness ...

The Misrepresentation Act 1967 The Misrepresentation Act 1967 provided, for the first time, a remedy of damages for non-fraudule ...

assessed in contract on an expectation basis, that is what the party would have expected to receive had the contract been carrie ...

The position may have been different if the case had arisen today, as damages may have been recoverable instead of an indemnity. ...

voidable, rather than void, and on some occasions ending the contract may be deemed by the court to be unfair, and therefore bar ...

5 Supervening third-party rights If someone else, a third party, now has the goods, rescission cannot take place. This arose in ...