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Vitiating Factors

The Elements of an Actionable Misrepresentation

  • 3 things to know
  • Paper 3

Overview

Recall questions on the kind of statement required, to whom it must be made, the effect it must have and whether opinion can suffice.

What you need to know

Answer each one before you reveal it.

Your recallNot started
Key term

Can a statement about future intention constitute misrepresentation?

Key term

To whom must the false statement be made, and what must it cause?

Key term

What happens if a false statement is made but the claimant was not influenced by it when entering the contract?

Questions from this subtopic

Each one with the model answer underneath.

  1. 1

    For a statement to constitute misrepresentation, what type of statement must it be?

    Model answer

    It must be a false statement.

  2. 2

    To whom must a misrepresentation be made for it to be actionable?

    Model answer

    It must be made by one party to another party to the contract.

  3. 3

    What effect must a false statement have on the other party for it to constitute misrepresentation?

    Model answer

    It must induce the other party to enter into the contract.

  4. 4

    Must a misrepresentation be a statement of fact, or can it be a statement of opinion?

    Model answer

    It must be a statement of fact, not opinion.

  5. 5

    Why does a statement of opinion not amount to misrepresentation?

    Model answer

    Because a misrepresentation must be a statement of fact, not a statement of opinion or future intention.

  6. 6

    Can a statement about future intention constitute misrepresentation?

    Model answer

    No, a misrepresentation must be a statement of existing fact, not future intention.

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CThere must be a non-natural use of land.

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