Question 8 from AQA Paper 3A June 2019
"Dan offered to sell a football shirt for £100 which he said had been worn by Eduardo, a
famous footballer. Dan’s only reason for saying so was that a friend had told him, “That
looks like Eduardo’s shirt”. Clive wanted to buy the shirt, but he asked his friend, Gary, a
football fan, to accompany him to inspect the shirt. Gary agreed that the shirt could have
been worn by Eduardo, so Clive paid Dan £100. Clive was very angry when he
subsequently learned that Eduardo had never worn the shirt."
Advise Clive as to whether he has any rights and remedies against Dan in
Clive would not have any rights or remedies against Dan for misrepresentation in relation to the shirt. Misrepresentation is defined as a false statement of material fact made by a party to a contract that induces the other party to make the contract. What is meant by a false statement of material fact is illustrated in Spice Girls v Aprilla. In this case, the Spice Girls made a deal with Aprilla to produce promotional material. Unknown to Aprilla, one of the spice girls had left the band during negotiations, making the material that included all 5 members worthless. The spice girls had made a false statement by insinuating that all 5 members were part of the group. Similarly, Dan made a false statement of material fact when said that the football shirt had be worn by Eduardo. Dan is clearly a party to the contract as he is the one selling the shirt. Despite making a false statement, Clive could claim against Dan as it was not Dan who had induced him to make a contract. This scenario is similar to Attwood v Small. In this case, the claimant had an independent surveyor incorrectly confirm the defendant's original false statement. He had no rights as it was the surveyor who induced him to make a contract, not the defendant. Similarly, it was Gary confirmation of Dan's statement that induced Clive to buy the shirt. Therefore, Clive would have no rights against Dan for misrepresentation of the shirt. There would be no remedies available to Clive.
Sorry for taking a while to respond. Hope you find this at least somewhat helpful.