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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.
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.
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 ...
The law of mistake in any given contract is governed by the law governing the contract. The law from country to country can differ significantly. For instance, contracts entered into under a relevant mistake have not been voidable in English law since Great Peace Shipping Ltd v Tsavliris (International) Ltd (2002). [2]
Unfair business practices (also Unfair Commercial Practices) describes a set of practices by businesses which are considered unfair, and which may be unlawful.It includes practices which are covered by other areas of law, such as fraud, misrepresentation, and oppressive or unconscionable contract terms.
Misrepresentation, exclusion clause Walker v Boyle [1982] 1 WLR 495 is an English contract law case, concerning misrepresentation , and the possibility to exclude liability for it under the Misrepresentation Act 1967 s 3.
Pages in category "English misrepresentation case law" The following 33 pages are in this category, out of 33 total. This list may not reflect recent changes .
Misrepresentation, expertise 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.