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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 ...
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.
[4]: 1030 Professor Peter Suber has argued that the US government should "make the penalties for copyfraud (false claim of copyright) at least as severe as the penalties for infringement; that is, take the wrongful decrease in the circulation of ideas at least as seriously as the wrongful increase in the circulation of ideas." [30]
wrongful conduct; and; intention. There are five essential elements for liability in terms of the actio legis Aquiliae: The harm must take the form of patrimonial loss. The conduct must take the form of a positive act or an omission or statement. The conduct must be wrongful: that is to say, objectively unreasonable and without lawful ...
Misrepresentation; Mistake; Threats and unequal bargaining power; Illegality and public policy. Unconscionability; Culpa in contrahendo 2; Force majeure. Frustration of purpose; Impossibility; Impracticability; Hardship; Set-off; Illusory promise 1; Statute of frauds 1; Non est factum 1; Unclean hands 1; Accord and satisfaction 1; Exculpatory ...
Bisset v Wilkinson [1927] AC 177 is a leading contract law case from New Zealand on the issue of misrepresentation. [1] The case establishes that a mere misstatement of opinion given fairly cannot amount to a misrepresentation. [2] [3] [4] The case was heard in London by the Privy Council, which was then the final appeal court for New Zealand.