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Prior to the Misrepresentation Act 1967, the common law deemed that there were two categories of misrepresentation: fraudulent and innocent. The effect of the act is primarily to create a new category by dividing innocent misrepresentation into two separate categories: negligent and "wholly" innocent; and it goes on to state the remedies in ...
For example, a woman finds a stone and sells it as a topaz. It was a raw uncut diamond worth hundreds of times the selling price. The contract is not voidable. There was no mistake because neither party knew what the stone was. [5]
Rescission is available in equity's exclusive jurisdiction in a wide range of situations. For example, where there has been an innocent but material misrepresentation, a breach of fiduciary duty, unconscionable conduct, or equitable fraud.
Misrepresentation, rescission, reliance Redgrave v Hurd (1881) 20 Ch D 1 is an English contract law case, concerning misrepresentation . It holds that a contract can be rescinded for innocent misrepresentation, even where the representee also had the chance to verify the false statement.
The first point is whether this representation, namely that it had done 20,000 miles only since it had been fitted with a replacement engine and gearbox, was an innocent misrepresentation (which does not give rise to damages), or whether it was a warranty.
The Misrepresentation Act 1967 (c. 7) is a United Kingdom act of Parliament of the United Kingdom which amended the common law principles of misrepresentation. Prior to the Act, the common law position was that there were two categories of misrepresentation: fraudulent and innocent.
The lawsuit brings four counts against the coach, including breach of contract, promissory estoppel (the recovery of promised damages), fraudulent misrepresentation and inducement, and negligent ...
It is also possible for a contract to be void if there was a mistake in the identity of the contracting party. An example is in Lewis v Averay [2] where Lord Denning MR held that the contract can only be avoided if the plaintiff can show that, at the time of agreement, the plaintiff believed the other party's identity was of vital importance. A ...