Chapter 9 Self-test questions

Chapter 9 Self-test questions

Misrepresentation

Quiz Content

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. A is interested in buying B's house. During the pre-contractual negotiations, B refuses to answer any of A's questions. Subsequently, B is informed that the house is infested with death-watch beetle but fails to tell A of that fact. A thereupon buys the house but is told that it will need to be demolished within six months. Which one of the following statements most accurately summarises the position between the parties?

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. Which one of the following misstatements is not likely to be a misstatement of fact?

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. A is hoping to sell his 15ft yacht to B. During the pre-contractual negotiations A says: 'I think you should get the boat surveyed. It's always been reliable but I recently had to pay for the mast to be repaired.' Unknown to B, A has used paint and other means to conceal other repaired parts of the yacht. B purchases the yacht without further inspection but then finds out that recent repairs to the yacht included the rudder, keel and hull. Which one of the following statements most accurately summarises the position between the parties?

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. Which of the following principles were recognised and applied by the Court of Appeal in Edgington v Fitzmaurice (1885) 24 ChD 459? [Please select all that apply.]

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. Which of the following statements correctly describe the advantages for a party in bringing a claim alleging negligent misrepresentation under s. 2(1) of the Misrepresentation Act 1967 rather than at common law? [Please select all that apply.]

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. In which one of the following situations will the misrepresentee's right of rescission remain?

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. Which one of the following statements in relation to the three types of misrepresentation is true?

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. A is considering buying B's house as an investment. By a fraudulent misrepresentation, B induces A to buy his house for £180,000 although its actual value is only £120,000. When A discovers the fraud two weeks later, the value of the house has been reduced to £80,000 due to serious damage caused by the collapse of a supporting wall. At this point, a buyer offers £80,000 for the house. A does not sell the house until three months later, when A only gets £75,000 for the house because of a general fall of the property market. A rescinds the contract with B for fraudulent misrepresentation and claims damages. Which one of the following statements most accurately calculates the damages to which A is entitled?

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. Which one of the following statements relating to a claim for damages brought under s. 2(1) of the Misrepresentation Act 1967 is true?

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. Damages for fraudulent misrepresentation will not be affected by any contributory negligence on the part of the misrepresentee.

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