Misrepresentation

Subdecks (12)

Cards (104)

  • Misrepresentation - An actionable misrepresentation is an unique statement of fact which induces a person to enter a contract
  • A false pre- contractual representation will not automatically lead to an action for misrepresentation as there are a number of requirements which must be satisfied
    Claims misrepresentation are government by both and the common law and the misrepresentation Act 1967
  • Claims misrepresentation are government by both and the common law and the misrepresentation Act 1967
  • A party may be able to have a contact set aside or claim compensation if there has been misrepresentation and the innocent party has entered into the contract on the reliance of an untrue statement made by the other party to the contract
  • The statement must not contradict other facts known by the party giving the opinion
  • The general rule is that there is no legal obligation to disclose a material fact known to them , to the other party
  • There are exception to the rule
    Representations by conduct
    Deliberately concealing defects in goods
    Half truths