Commentary

154.2 Misrepresentation and negligent misstatement

BUSINESSES vol 4(2) start-up, sale and purchase
| Commentary

154.2 Misrepresentation and negligent misstatement

| Commentary

154.2 Misrepresentation and negligent misstatement

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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