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Misrepresentation

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  • Bisset v Wilkinson
  • Edgington v Fitzmaurice
  • Smith v Hughes
  • With v O'Flanagan
  • Horsfall v Thomas
  • Attwood v Small
  • Redgrave v Hurd
  • Derry v Peek
  • Long v Lloyd
  • Leaf v International Galleries
  • Defined fraudulent misrepresentation
  • The company prospectus stated shares were offered to expand the business
  • The concealed defect on the gun had no affect on the purchaser's decision to buy it
  • C's claim failed as they relied on their own expert rather than the statement by the seller
  • Silence will not amount to a misrepresentation
  • C lost the right to rescind as it took 5 years to discover the painting was not a Constable
  • C affirmed the contract by accepting an offer to pay half the cost of repairs
  • The seller estimated the farm would hold 2,000 sheep
  • There is a duty to disclose a change of circumstances which renders a statement untrue
  • The representee is not obliged to check out the accuracy of the statement