CILEX 2. Contract & Tort

  1. What are the three categories of misrepresentation?
    • Fraudulent
    • Negligent
    • Innocent
  2. Fraudulent, negligent & innocent are three categories of what type of a Tort?
    Misrepresentation
  3. Define 'Misrepresentation'
    • A statement of fact
    • which had induced the representee to enter into the contract
    • but which did not form part of the contract
  4. What form of a Tort is described here: "A statement of fact which had induced the representee to enter into the contract but which did not form part of the contract"
    Misrepresentation
  5. Is silence generally considered actionable as a misrepresentation? Expand.
    • No, not generally
    • Except where that silence can be interpreted as an active misrepresentation
    • Give examples...
  6. Define fraudulent misrepresentation.
    • Tort of deceit
    • Where a person makes a false statement that they know to be untrue
    • or are reckless to its truth or falsity
  7. What specific type & category of tort is described here: "Where a person makes a false statement that they know to be untrue
    or are reckless to its truth or falsity"
    Fraudulent Misrepresentation
  8. Define Negligent Misrepresentation.
    • Occurs where a false statement is made carelessly, but not deliberately
    • Can give rise to a cause of action in both contract & tort
    • In tort requires a duty of care to exist between the parties
    • In contract arises only where a contract results from the misrepresentation
  9. What is 'rescission' in Contract & Tort?
    • An equitable remedy
    • Allows the other party to avoid contract where a misrepresentation occurs
    • Contract remains valid until injured party seeks to rescind it
    • When rescinded attempts are made to return parties to their pre-contract positions
    • Is discretionary, not a right
  10. What are the two broad categories of remedy to misrepresentation?
    • Recission
    • Damages
  11. What are 5 factors that may affect rescission being awarded? Expand each.
    • Affirmation (where contract is continued...)
    • Delay / Laches (not sought in good time...)
    • The Doctrine in Seddon v North Eastern Salt (where the contract is executed...)
    • Restitutio in Integram is Impossible (pre-contract positions cannot be restored...)
    • Rights of Third Parties (where these would be unfairly prejudiced by rescission...)
  12. What 3 factors will be regarded in considering an award of damages for misrepresentation?
    • Nature of the misrepresentation
    • Loss to the representee if rescission not granted
    • Loss to the represent if recission is granted
  13. Battery - Main Notes
    without consent – def must prove consent

    apply direct force

    to body of another - no battery to hit anything other than the human body

    Battery - one person intentionally and without consent of the other applies direct force to the body of another
  14. False Imprisonment Discuss
    False Imprisonment involves the unlawful and complete restraint of the plaintiff's liberty

    The restraint must be absolute

    False Imprisonment may be physical or psychological

    Unlike assault the tort of false imprisonment can be committed even when a plaintiff does not know the restriction of his liberty

    Case Law - Meering -v- Grahame - White Aviation Co Limited - suspect of theft - brought to office, sued for false imprisonment - won
  15. Statue of Limitations
    Time limits are set out in Section 11 of the Statue of Limitations Act 1957

    It was amended in the Statue of Limitations Acts 1991 and 2000, The Personal Injury Assessment Board Act 2003 and the Courts and Court Officers Act 2004

    Summary of some limitations are:

    Claims for PI - 3 years in the 1957 act changed by the C and CO Act 2004 and PIAB Act 2003 to 2 years

    Contract -6 years

    Torts (other than PI) - 6 years

    Arrears of Rent  - 6 years

    Recovery of Land  - 6 years

    Adverse Possession - 12 years

    Action by damages by dependant of person fatally injured - 3 years
  16. Defamation - Define
    Is committed by the wrongful publication of a false statement about a person, which tends to lower that person in the eyes of right thinking members of society - Case Law Quigley -v-Creation Ltd
  17. Defamation Characteristics
    publication

    defamatory statement

    identifying the plaintiff

    absence of a defence
  18. Defences in Defamation
    Justification/Truth

    Privilege

    Fair Comment

    Consent

    Offer of amends

    Apology
Author
DH1980
ID
341345
Card Set
CILEX 2. Contract & Tort
Description
Contract & Tort for CILEX Legal Executive exam
Updated