788. Claim for damages for deceit.

It may be preferable to frame a cause of action under the Misrepresentation Act 1967, 1rather than under the common law. However, where it is thought that a case is suitable for pleading under the common law, the following principles apply. On proof of the several matters subsequently mentioned2, a claim3 is maintainable at the suit of the representee4 for damages in respect of fraudulent misrepresentation