【正确答案】
【答案解析】There are the factors that affect the validity of a contract,
misrepresentation is one of them.
A representation made by one party to another to induce him
to enter a contract must be a positive and true statement of some
existing facts or past events, otherwise, it shall constitute a
misrepresentation, which is misleading and induces other to enter
into the contract, and may amount to invalidity of the contract.
In With v.O'Flanagan (1936), where the defendant, who wished
to sell his practice, informed the plaintiff that the income from the
practice was £2,000. Five months later when the contract was signed
the income had fallen considerably due to the defendant's illness
and no mention of this fact was made to the plaintiff. The plaintiff
claimed rescission of the contract. It was held that he could not
rescind as there was misrepresentation.
In Gordon v.Selico Co. Ltd.(1986), where a flat in a building which
had been converted by a developer was taken by the plaintiff on a
99-year lease. Soon after he moved in, dry ret was discovered. It was
held that deliberate concealment of the dry rot by the developer could
amount to fraudulent misrepresentation, therefore, damages were
awarded to the plaintiff.
It's a general rule that mere silence does not normally
amount to representation as well as misrepresentation,
except in the case where a statement, true when it is
made, subsequently becomes false before the conclusion
of the contract.
Here the prior representation concerning the income
of the store stated by David has become untrue at the
time the contract was signed, due to the opening of
the supermarket. David, therefore, take the obligation
to correct his former representation, and the silence
here amounts to misrepresentation.
Peter was induced by and relied on the misrepresentation and
entered into the contract, thus he could make a claim against David
for misrepresentation.