Actionable misrepresentation and negligent misstatement

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The termination of a contract by reason of one party’s breach of contract arises as follows:•one party to the contract is in breach of contract•the...
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Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners when determining whether a claim form...
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This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...
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20th Oct
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This Practice Note considers what damages may be available as remedy for claims in tort, including negligence claims.For general guidance on damages,...
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Produced in partnership with Lina Mattsson of Hardwicke Chambers 1st Oct
Practice notes
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...
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30th Sep
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Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners dealing with provisions in the CPR...
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Private nuisance—what situations can give rise to a claim?Private nuisance normally involves interference with the claimant’s enjoyment of their land,...
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26th Sep
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This Practice Note looks at loss of privilege in civil litigation in the context of legal professional privilege (LPP) and in particular considers the...
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For guidance on the basic features of the doctrine of estoppel and the different classifications it has been subject to, see Practice Note:...
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This Practice Note is a useful guide when considering whether you can amend a claim form, amend a defence or amend a different form of...
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25th Sep
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What is a res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the cause of action and the parties, which...
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25th Sep
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What are damages?The term ‘damages’ refers to any amount of money awarded by a court in order to compensate a claimant who has suffered loss or damage...
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25th Sep
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What is rescission of a contract?The remedy of rescission is available to a party whose consent, in entering into a contract, has been invalidated in...
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25th Sep
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This Practice Note considers the general principles, meaning and rationale behind privilege. It identifies the different types of privilege, including...
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What are interim injunctions? An injunction is a discretionary remedy that takes the form of a court order and which requires a party...
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25th Sep
Practice notes
The principal limitation periodsThe following table includes the principal types of action and details the number of years within which such a claim...
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25th Sep

Most recent Actionable misrepresentation and negligent misstatement content

Practice notes
Deceit—what is it?A deceit occurs when a misrepresentation is made with the express intention of defrauding a party, subsequently causing loss to that...
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25th Sep
Practice notes
A claim for misrepresentation requires that the statement made must have been false. This is the ‘falsity’ requirement.Having established the falsity...
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25th Sep
Practice notes
This Practice Note sets out when and how parties can seek to limit or exclude liability for misrepresentations by reference to section 3 of the...
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25th Sep
Practice notes
What are damages?The term ‘damages’ refers to any amount of money awarded by a court in order to compensate a claimant who has suffered loss or damage...
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25th Sep
Practice notes
There are a number of ways in which liability for negligent misstatement may be avoided and/or limited. For details on founding a claim of negligent...
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26th Sep
Practice notes
A claim for negligent misrepresentation may often be brought alongside or in the alternative to a claim for negligent misstatement. It is therefore...
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26th Sep
Practice notes
This Practice Note considers when damages are available as a remedy for a misrepresentation claim with reference to the Misrepresentation Act 1967 (MA...
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26th Sep
Practice notes
Similar but different to a claim for actionable misrepresentation are claims for negligent misstatement. This Practice Note sets out when and how such...
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26th Sep
Practice notes
This Practice Note describes what an actionable misrepresentation is, the essential elements of the Misrepresentation Act 1967 (MA 1967) and provides...
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26th Sep
Q&As
In order to determine whether an event has occurred, which enables a party to rescind a contract, it is necessary to consider whether the activity...
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28th Sep
Q&As
Privity of contract and liabilityAlthough contractual rights and benefits generally are (subject to express contractual provisions to the contrary)...
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28th Sep
Q&As
Limitation periods for claims in tortA negligent misstatement claim is a tort action. In general, the limitation period for torts are governed by...
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28th Sep
Q&As
For further guidance on a claim under Fraud Act 2006 (FrA 2006), see Practice Note: Fraud by false representation.Untrue warranty scenarioThis...
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28th Sep
Q&As
Is the answer affected if the seller is a director of the company that was sold is on an earn out?In conducting our research we have focussed on...
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28th Sep
Q&As
A claim for misrepresentation arises where one party to a contract (the representor) made an untrue statement that induced the other (the representee)...
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28th Sep
Q&As
DeceitYou may want to consider content on the tort of deceit, which, if made out, may give rise to damages. A deceit occurs when a misrepresentation...
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28th Sep
Q&As
We have assumed for the purposes of this Q&A that ‘the royal charter’ means a royal warrant of appointment in relation to companies or tradespeople...
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28th Sep
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Fairness opinionA ‘fairness opinion’ is usually understood as meaning a professional opinion provided by an investment bank or other adviser as to...
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28th Sep

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