Misrepresentation Flashcards
What constitutes an actionable misrepresentation?
A false statement of fact, made to induce the claimant to enter a contract, leading to damages if done negligently or fraudulently.
How do contractual and tortious damages differ in misrepresentation cases?
Contractual damages aim for expectation loss, while tortious damages seek to restore the claimant to the position before the misrepresentation.
Are statements of intention or opinion actionable in misrepresentation?
Generally not, unless made dishonestly.
What must be proven for a misrepresentation to be actionable?
It must have materially induced the claimant to enter the contract.
What are the remedies for misrepresentation?
Includes rescission of the contract and damages, with certain bars to rescission like impossibility of mutual restitution.
What does the Misrepresentation Act 1967 cover?
Provides for damages in lieu of rescission for non-fraudulent misrepresentations and outlines conditions for misrepresentation liability.
How do representations differ from terms regarding remedies?
Representations lead to rescission and/or damages, while terms breach results in contractual remedies.
What do the Consumer Protection from Unfair Trading Regulations 2008 regulate?
Makes misleading contract information an offense, offering rights for contract undoing, discounts, or damages for losses.
Key case that distinguished between statements of fact and intention?
Case addressing negligent misrepresentation?
Edgington v Fitzmaurice (1885).
Esso Petroleum v Mardon (1976).
