154.2 Misrepresentation and negligent misstatementIt is unlikely that a statement in an advertisement would found a claim in misrepresentation, as the claimant would have to show that the defendant made a false statement of fact to him and that this statement induced him to enter the contract and suffer loss as a result.An action in tort for negligence is also going to be difficult to prove. This is because there is unlikely to be a sufficient degree of proximity between the parties to establish the necessary duty of care1. A similar problem arises in the case
It is unlikely that a statement in an advertisement would found a claim in misrepresentation, as the claimant would have to show that the defendant made a false statement of fact to him and that this statement induced him to enter the contract and suffer loss as a result.
An action in tort for negligence is also going to be difficult to prove. This is because there is unlikely to be a sufficient degree of proximity between the parties to establish the necessary duty of care1. A similar problem arises in the case
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