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For innocent misrepresentation, the claimant may get only damages in lieu of rescission under s.2(2). ... Damages and the Misrepresentation Act 1967, s 2(1)' [1992 ...
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 ...
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.
A jury in a North Carolina federal civil rights case has awarded $75 million to two Black, intellectually disabled half... View Article The post 2 men wrongfully sent to death row awarded $75M in ...
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 It holds that a contract can be rescinded for innocent misrepresentation, even where the representee also had the chance to verify the false statement.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 lawsuit brings four counts against the coach, including breach of contract, promissory estoppel (the recovery of promised damages), fraudulent misrepresentation and inducement, and negligent ...
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.