Misrepresentation

• Goods under s 9 or $10 or $11


  Goods that are subject to certain legal provisions
• $57 prohibits a term excluding or limiting liability for supply of services


  Legal provision that restricts certain contractual terms related to the supply of services
• $49 or $52


  Legal provisions related to the supply of services
• Misrepresentation


  • Made by a party to the contract
  • Induces the other party to enter the contract
• Types of misrepresentation


  1. Fraudulent

  2. Negligent

  3. Innocent
• Fraudulent misrepresentation


  D makes a statement but does not believe it is true, or knows it is untrue or is reckless as to if it is true or untrue
• Negligent misrepresentation


  False statement made by D who believed it was true, but had no reasonable grounds for believing it to be true
• Innocent misrepresentation


  A false statement was made honestly, D always believed it to be true and there was no element of negligence