Authority (where What was said? appropriate) Who are the parties Carlos is the claimant as he has suffered damage/loss. Sara is the defendant as Carlos will claim she has misrepresented elements of the café. Briefly what has been said Are there other cafes nearby answer No. – or shown Failure to mention planning permission for a new café Healthy accounts but later drop in trade Food Hygiene Grading change Is there an untrue statement The answer regarding no other Bissett v Wilkinson, Smith v of fact or mere opinion? cafes nearby is true and not a Land & House Property Cory, misrepresentation. It is fact Esso Petroleum Co Ltd v and not merely opinion Mardon Was there silence about an Sara was silent about the Dimmock v Hallett, Spice Girls important issue? planning permission. Mere Ltd v Aprilia World Service BV silence will not usually amount to a false statement. Caveat emptor there is no positive – obligation to disclose information. However, partial revelation/ misleading truth may amount to a misrepresentation. Was Carlos induced or did The statement regarding no JEB Fasteners Ltd v Marks he rely on the word of other cafés nearby will have Bloom & Co Ltd, Museprime another? been an inducing factor so too Properties v Adhill Properties will the healthy accounts. Ltd, Attwood v Small, However, in terms of the Redgrave v Hurd accounts did Carlos rely on accounts given to him by Sara or did he rely on the word of Lucas the accountant? Have circumstances Where a statement was true Davies v London and changed? when it was made but Provincial Marine Insurance because of a change of Co, With v O’Flanagan circumstances has become incorrect by the time it is acted
What was said? Authority (where appropriate) Who are the parties Carlos is the claimant as he has suffered damage/loss. Sara is the defendant as Carlos will claim she has misrepresented elements of the café. Briefly what has been said or shown Are there other cafes nearby – answer No. Failure to mention planning permission for a new café Healthy accounts but later drop in trade Food Hygiene Grading change Is there an untrue statement of fact or mere opinion? The answer regarding no other cafes nearby is true and not a misrepresentation. It is fact and not merely opinion Bissett v Wilkinson, Smith v Land & House Property Cory, Esso Petroleum Co Ltd v Mardon Was there silence about an important issue? Sara was silent about the planning permission. Mere silence will not usually amount to a false statement. Caveat emptor – there is no positive obligation to disclose information. However, partial revelation/ misleading may amount to a misrepresentation. Dimmock v Hallett, Spice Girls Ltd v Aprilia World Service BV Was Carlos induced or did he rely on the word of another? The statement regarding no other cafés nearby will have been an inducing factor so too will the healthy accounts. However, in terms of the accounts did Carlos rely on accounts given to him by Sara or did he rely on the word of Lucas the accountant? JEB Fasteners Ltd v Marks Bloom & Co Ltd, Museprime Properties v Adhill Properties Ltd, Attwood v Small, Redgrave v Hurd Have circumstances changed? Where a statement was true when it was made but because of a change of circumstances has become incorrect by the time it is acted Davies v London and Provincial Marine Insurance Co, With v O’Flanagan truth
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