Misrepresentation

Quiz Content

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. Which of the following cannot give rise to a claim for misrepresentation?

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. A is in negotiations with B to rent a floor of his skyscraper, which he intends to use as office space. All floors are the same size, and many are used as office space. The floor that A is hoping to rent is currently empty. B tells A that it can easily fit 100 standard-sized office desks. After purchase, A finds that only 70 standard-sized desks can fit on the floor. Is A likely to be able to sue B for misrepresentation?

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. What is the leading current authority regarding a consumer's duty to disclose material facts to an insurance company?

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. In which of the following situations is there a claim for misrepresentation?

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. A agrees to purchase a car from B. B tells A that the car has covered 60,140 miles. A did not want to purchase a car that had over 65,000 miles on the clock. A is given the opportunity to use the car and take a look around, but only looks at the size of the boot and the space in the back. The car's odometer shows that the car has travelled 67,240 miles. A would have discovered this if he had used the opportunity to look around the car properly. Does A nonetheless have a claim to rescind the contract for misrepresentation?

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. A purchases a restaurant from B. B had told A that the restaurant had been awarded a Michelin star. After entering into the contract, A found out that the restaurant had only been shortlisted and had not actually received the accolade. A failed to make a profit from the restaurant, which she was bitterly disappointed by as she chose B's restaurant over C's restaurant, which actually had a Michelin star. A had been given the list of Michelin-star restaurants in the area by B but had failed to check the list. What damages can A recover under section 2(1)?

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. In what way do damages under the Consumer Protection from Unfair Trading Regulations 2008, as amended by the Consumer Protection (Amendment) Regulations 2014, differ from damages available under section 2(1) of the Misrepresentation Act?

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. Which of the following clauses would not fall within the scope of section 3 of the Misrepresentation Act 1967 and would therefore not be subject to the requirement of reasonableness under section 11(1) of the Unfair Contract Terms Act 1977?

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