Definitions
What is a "mere representation"?
What is; a statement of fact made to persuade the other party to enter a contract, which may not be intended as a binding term.
In which case was negligent misrepresentation first recognized?
What is; Hedley Byrne & Co v Heller & Partners Ltd (1964).
Why must misrepresentation be a "statement of fact"?
What is it must be verifiable and influence the contract?
What if a negligent misrepresentation case was brought up in Trinidad and Tobago?
What is the Misrepresentation Act, Ch 82:35?
What is rescission?
What is canceling the contract and restoring original positions?
What distinguishes a "mere puff" from misrepresentation?
What is; an exaggerated claim or opinion not meant to be taken as a factual statement and is generally not considered misrepresentation?
What did the Hedley Byrne case establish about economic loss?
What is; an establishment that damages for pure economic loss could be claimed if a relationship of trust existed and reliance was reasonable?
Why is intent to persuade important?
What is it makes the statement more likely to influence the contract?
What if a statement-maker under the Misrepresentation Act wanted to avoid liability?
What is by showing reasonable grounds to believe their statement?
How is negligent misrepresentation different from fraud?
What is it involves carelessness, not intentional deception?
Define negligent misrepresentation.
What is; a false statement made carelessly by one party, which the other party relies on, leading to financial loss, without intent to deceive.
What if a plaintiff in Esso Petroleum Co Ltd v Mardon wanted to sue over a sales estimate?
What is proving that the exaggerated sales estimate provided during negotiations was misleading, even though it was presented as an estimate rather than a fact?
What if a statement was made during negotiations but wasn’t a binding term?
What is the statement was more like an opinion or sales pitch rather than a commitment, so it might not be grounds for misrepresentation?
What if a claimant under the Misrepresentation Act wanted to prove negligent misrepresentation?
What is using the Act (shifting the burden) or common law?
What happened to Hedley Byrne when their client defaulted?
What is they lost money relying on incorrect credit information?
What must be proven to establish negligent misrepresentation?
What is; the statement was false, relied upon by the other party, and caused a loss, even if there was no intent to deceive.
What if Howard Marine in Howard Marine Dredging Co. Ltd v. A. Ogden & Sons tried to avoid liability for incorrect tonnage information?
What is proving they honestly believed the tonnage information was accurate, which they couldn’t do, resulting in liability?
What if the Misrepresentation Act shifted the burden of proof onto the representor?
What is the representor would need to prove that their statement was reasonable and accurate, rather than the claimant having to disprove it?
What if someone experienced financial losses due to negligent misrepresentation under the Misrepresentation Act?
What is damages for financial loss due to misrepresentation?
How did Esso Petroleum affect duty of care?
What is it established responsibility for accurate estimates?