Misrepresentation

唔好意思

現在只有中文，如果你要英文，我明天取本書返來，打給你
不過要通知吓
不實之陳述 (Misrepresentation)
(A) 欺詐性的不實陳述 (Fraudulent Misrepresentation)
1. 意義：一方明知不實，而仍作出的陳述。
2. 受害方証明對方不誠實的意圖。
3. 受害方因誤信對方不實的陳述，被引誘與對方締約時，受害方於知道受騙時，有權撤銷契約，並要求賠償。
(B) 過失的不實陳述 (Negligent Misrepresentation)
　1. 意義：一方沒有合理的理由去相信是事實，仍作出的不實陳述。
2. 被告須證明，他有合理的理由，相信所作出的陳述是事實。
3. 受害方有權撤銷契約，並要求賠償。
(C) 無意的不實陳述 (Innocent Misrepresentation)
1. 意義：一方並無故意，亦無過失，而作出的不實陳述。
2. 受害方只有權撤銷契約，不可要求賠償。


2007-02-12 15:36:36 補充：
寄信喔

2007-02-13 15:23:56 補充：
a case for youBissett V Willkinson (1927)A vendor sold two blocks of land called "Homestead" and " Hogan's" to purchasers for the purpose of sheep farming.

2007-02-13 15:24:52 補充：
The purchasers failed in their business and declined to pay the balance of the purchase moneys according to their agreement. When the vendor brought this action for the sum owed,

2007-02-13 15:25:06 補充：
the purchasers alleged by the way of defence and counter-claim that the vendor had "represented and warreanted that the land which was subject of the agreement had a carrying capacity of 2000 sheep

2007-02-13 15:25:22 補充：
if only one team were employed in the agricultural work of the said land". The meaning of the representation as alleged was that the capacity of the land during winter,

2007-02-13 15:25:31 補充：
with such food as could be grown by the proper use in ploughing of one team of horses regularly employed throughout the year, was 2000 sheep.

2007-02-13 15:26:50 補充：
Held : the vendor's statrement made pror to the sale was nothing more than an expression of opinion honestly held, and the fact that it was mistaken did not entite the purchasers to rescission.

2007-02-13 15:34:27 補充：
5. Actionable misrepresentations· definition(a) an untrue statement (b) a statement of fact (not opinion, not intention)(c) inducement· silence normally does not constitute a representationsilence - exception: (a) contract uberrimae fidei insurance contract(b) half-truth statement

2007-02-13 15:35:02 補充：
Fraudulent misrepresentation· Misrepresentor knows that what he has said is false or· He is reckless as to what he has said or· He does not care what he has said is true or false· Difficult for the plaintiff to prove intention to deceive

2007-02-13 15:35:14 補充：
* Derry v Peek [1889] (steam-powered trams)* Polaroid Far East Ltd v Bel Trade Co Ltd [1990] (film only sold in PRC)

2007-02-13 15:35:30 補充：
Negligent misrepresentation· s3(1) Misrepresentation Ordinance· Misrepresentor has no reasonable grounds to believe what he said is true· Liable for damages

2007-02-13 15:35:47 補充：
Innocent misrepresentation· s3(1) Misrepresentation Ordinance· Misrepresentor has reasonable grounds to believe what he said is true· Not liable for damages

2007-02-13 15:36:27 補充：
· available to a party misled by innocent, negligent or fraudulent misrepresentation· it is the right of the misled party to have the contract set aside · and to be restored to his position before the contract· the remedy may be lost if for example

2007-02-13 15:36:37 補充：
· the injured party affirms the contract (intends to continue with the contract) or · there is a lapse of time or· the original position cannot be restored (e.g. goods have been altered) or· third party acquired rights to the goods

Innocent Misrepresentation Definition