| Commentary

68 Representations

| Commentary

68 Representations

Even where a statement in an advertisement does not have effect as a contractual term, it may nevertheless be actionable under the law of misrepresentation. A claimant needs to prove the following elements:

  1. 68.1

        the statement was a statement of fact;

  2. 68.2

        the statement was false;

  3. 68.3

        the statement was intended by the advertiser to be relied upon by the claimant;

  4. 68.4

        the claimant did rely on the statement, and it induced him to enter into a contract; and

  5. 68.5

        the claimant suffered damage as a result1.

However, where a statement is a mere advertising ‘puff’

To continue reading
View the latest version of this document, as well as thousands of others like it, sign in to LexisLibrary or register for a free trial