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It examines the Misrepresentation Act 1967 and addresses the extent of damages available under s 2(1) for negligent misrepresentation. The court controversially decided that under the Act, the appropriate measure of damages was the same as that for common law fraud, or damages for all losses flowing from a misrepresentation, even if unforeseeable.
The following is a list of acts of the Parliament of Malaysia by citation number. The list includes all principal laws of Malaysia enacted after 1969 and pre-1969 laws which have been revised by the Commissioner of Law Revision under the authority of the Revision of Laws Act 1968. Repealed acts and acts not yet in force are stricken through.
Heilbut, Symons & Co v Buckleton [1912] UKHL 2 is an English contract law case, given by the House of Lords on misrepresentation and contractual terms. It held that a non-fraudulent misrepresentation gave no right to damages.
The law of misrepresentation is an amalgam of contract and tort; and its sources are common law, equity and statute. In England and Wales, the common law was amended by the Misrepresentation Act 1967. The general principle of misrepresentation has been adopted by the United States and other former British colonies, e.g. India.
Damages for misrepresentation. (1) Where a person has entered into a contract after a misrepresentation has been made to him by another party thereto and as a result thereof he has suffered loss, then, if the person making the misrepresentation would be liable to damages in respect thereof had the misrepresentation been made fraudulently, that person shall be so liable notwithstanding that the ...
Misrepresentation Thomas Witter Ltd v TBP Industries [1996] 2 All ER 573 is an English contract law case, concerning misrepresentation . Doubt has been cast in its decision as to availability of rescission by Floods of Queensferry Ltd v Shand Construction Ltd [ 1 ] and Government of Zanzibar v British Aerospace (Lancaster House) Ltd .
Quasi-tort is a legal term that is sometimes used to describe unusual tort actions, on the basis of a legal doctrine that some legal duty exists which cannot be classified strictly as negligence in a personal duty resulting in a tort nor as a contractual duty resulting in a breach of contract, but rather some other kind of duty recognizable by the law.
Esso Petroleum Co Ltd v Mardon [1976] EWCA Civ 4 is an English contract law case, concerning misrepresentation. It holds that the divide between a statement of opinion and fact becomes more factual if one holds himself out as having expert knowledge.