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Return to JC Smith's The Law of Contract, 3e Student Resources
Chapter 16 Self-test questions
Misrepresentation
Quiz Content
*
not completed
.
Must a representation be false to constitute an actionable misrepresentation?
Yes.
correct
incorrect
Only for fraudulent misrepresentations.
correct
incorrect
Only for innocent misrepresentations.
correct
incorrect
No.
correct
incorrect
*
not completed
.
Which type of misrepresentation may give rise to a right to rescind?
Fraudulent misrepresentations.
correct
incorrect
Innocent misrepresentations.
correct
incorrect
Both of the options given are correct.
correct
incorrect
None of the options given is correct.
correct
incorrect
*
not completed
.
What type of representation was operative in
Spice Girls Ltd v Aprilla World Service BV
?
Representation of law.
correct
incorrect
Representation of opinion.
correct
incorrect
Half-truth.
correct
incorrect
Representation by conduct.
correct
incorrect
*
not completed
.
When will a representor come under a duty to speak out about particular facts?
In contracts which require the utmost good faith.
correct
incorrect
Where the representor makes a statement which is true at the time it is made, but later becomes untrue.
correct
incorrect
Where there is a fiduciary relationship.
correct
incorrect
All of the options given are correct.
correct
incorrect
*
not completed
.
What is the standard required to avoid a contract for a misrepresentation?
The representee must have entered into the contract in reliance on the statement.
correct
incorrect
The representation must be the sole reason for the representee's entering into the contract.
correct
incorrect
The representee must have changed his mind about the desirability of the contract.
correct
incorrect
All the above options are correct.
correct
incorrect
*
not completed
.
Why might the Supreme Court decision in
Hayward v Zurich
be controversial?
It did not require the representee to rely on the misrepresentation, for there to be an actionable misrepresentation.
correct
incorrect
If a person is unaware that a misrepresentation has been made, their claim in misrepresentation will fail.
correct
incorrect
If a person does not believe the representation made, it follows that the misrepresentation actually influences the representee.
correct
incorrect
If a person does not believe the representation made, it is doubtful whether the misrepresentation induces the representee to enter into the contract.
correct
incorrect
*
not completed
.
The misrepresentation need only be
a
reason for the claimant's entering into the contract; it need not be the decisive reason or even the main reason. True or false?
True.
correct
incorrect
False.
correct
incorrect
*
not completed
.
What is the consequence of an actionable misrepresentation?
It makes the contract void.
correct
incorrect
It makes the contract voidable.
correct
incorrect
It automatically rescinds the contract.
correct
incorrect
It frustrates the contract.
correct
incorrect
*
not completed
.
What is the difference between rescission for misrepresentation and avoidance of contracts for breach?
Rescission puts the parties back into the position in which before the contract was made, avoidance for breach does not.
correct
incorrect
Avoidance for breach puts the parties back into the position in which before the contract was made, rescission does not.
correct
incorrect
Rescission preserves the parties' pre-contractual relationship, avoidance for breach wipes this clear.
correct
incorrect
Rescission and avoidance for breach are exactly the same.
correct
incorrect
*
not completed
.
According to
Salt v Stratstone Specialist
, which of the following doctrines does
not
prevent rescission?
Affirmation.
correct
incorrect
Laches.
correct
incorrect
Lapse of time.
correct
incorrect
None of the above options is correct.
correct
incorrect
*
not completed
.
For which of the following types of misrepresentation are damages
not
available at common law?
Fraudulent misrepresentation.
correct
incorrect
Negligent misrepresentation.
correct
incorrect
Innocent misrepresentation.
correct
incorrect
Common law damages are available for all types of misrepresentation.
correct
incorrect
*
not completed
.
How will a representor be treated if they are liable under section 2(1) Misrepresentation Act 1967?
As if their misrepresentation had been innocent.
correct
incorrect
As if their misrepresentation had been fraudulent.
correct
incorrect
As if their misrepresentation had been negligent.
correct
incorrect
None of the options given is correct.
correct
incorrect
*
not completed
.
Under section 2(2) Misrepresentation Act 1967, when may the court award damages in lieu of rescission?
When the misrepresentation was fraudulent.
correct
incorrect
When the contract was a bad bargain.
correct
incorrect
Whenever the court receives it equitable to do so.
correct
incorrect
Never.
correct
incorrect
*
not completed
.
According to regulation 5(2)(a) of the of the Consumer Protection from Unfair Trading Regulations 2008, when will a representation regarding a commercial practice be misleading?
It contains false information.
correct
incorrect
Its presentation deceives the average consumer.
correct
incorrect
It causes the average consumer to take a transactional decision that they would not have taken otherwise.
correct
incorrect
All of the options given are correct.
correct
incorrect
*
not completed
.
What type of damages are
not
available under the Consumer Protection from Unfair Trading Regulations 2008?
Damages for financial loss.
correct
incorrect
Damages for distress.
correct
incorrect
Damages which were foreseeable at the time of the claim.
correct
incorrect
Damages which were foreseeable at the time of the prohibited practice.
correct
incorrect
*
not completed
.
What is the effect of the Consumer Protection from Unfair Trading Regulations 2008 on common law rules governing fraudulent consumer practices?
They replace the common law rules.
correct
incorrect
They complement the common law rules.
correct
incorrect
They take priority over the common law rules.
correct
incorrect
They provide the consumer with a less advantageous remedy.
correct
incorrect
*
not completed
.
For which of the following type(s) of misrepresentation may a person never limit their liability?
Fraudulent misrepresentation.
correct
incorrect
Negligent misrepresentation.
correct
incorrect
Innocent misrepresentation.
correct
incorrect
All of the above options are correct.
correct
incorrect
*
not completed
.
If a contracting party wishes to restrict any remedy available to another party to the contract as a result of a misrepresentation, what is the requirement that the term must meet under the Misrepresentation Act?
Necessity.
correct
incorrect
Reasonableness.
correct
incorrect
Equitableness.
correct
incorrect
Fairness.
correct
incorrect
*
not completed
.
Which of the following is an essential part of 'contractual estoppel'?
A representation.
correct
incorrect
Reliance.
correct
incorrect
Unconscionability.
correct
incorrect
None of the above
correct
incorrect
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