Contract Law - Misrepresentation: Types of Misrepresentation

There are three types:

  1. Fraudulent;
  2. Negligent; and
  3. Innocent
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  • Created by: Emma
  • Created on: 31-05-09 20:43
What are the remedies for fraudulent misrepresentation?
Damages or can seek rescission of the contract
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How are damages measured and assessed?
On the basis of losses in tort law
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What is the aim of any available remedies?
To put the injured party back in the position he would have been in had the misrepresentation not occurred
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What is the claimant therefore entitled to recover?
Potentially all losses providing a causal link can be established between misrepresentation and loss and thus no limit on liability
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When will a claimant be able to make a claim for negligent misrepresentation?
If the defendant cannot demonstrate he believed his statement to be true when he made it
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What type of remedy is available for negligent misrepresentation?
Rescission plus damages
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What is the type of remedy available for innocent misrepresentation?
Rescission
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Other cards in this set

Card 2

Front

How are damages measured and assessed?

Back

On the basis of losses in tort law

Card 3

Front

What is the aim of any available remedies?

Back

Preview of the front of card 3

Card 4

Front

What is the claimant therefore entitled to recover?

Back

Preview of the front of card 4

Card 5

Front

When will a claimant be able to make a claim for negligent misrepresentation?

Back

Preview of the front of card 5
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Comments

Smith E

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The remedies available for each type of misrepresentation, and basis, are easy to confuse and this test therefore highlights the importance of memorising each type. 

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