Actionable misrepresentation and negligent misstatement

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Practice notes
As set out in The economic torts—overview, the law makes provision to protect a person’s trade or business from acts which are considered to be...
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9th Nov
Practice notes
Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners considering which courts have...
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9th Nov
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Claims for knowing receipt (sometimes also known as ‘unconscionable receipt’) and for dishonest assistance are sometimes referred to as ‘accessory...
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9th Nov
Practice notes
The default costs certificate procedure is not available in solicitor/client assessments (CPR PD 46, para 6.8).What is a default costs certificate?A...
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9th Nov
Practice notes
Coronavirus (COVID-19): when serving documents outside the jurisdiction, this may be affected by the impact of coronavirus on the availability of both...
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9th Nov
Practice notes
This Practice Note considers the jurisdiction for obtaining interim and final charging orders as provided for in the (amended) CPR 73 and CPR PD 73 in...
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9th Nov
Practice notes
Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering default judgment. For...
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9th Nov
Practice notes
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...
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9th Nov
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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9th Nov
Practice notes
What is mediation?Mediation is one of the most recognised and common forms of alternative dispute resolution (ADR).It is a form of assisted ADR in the...
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9th Nov
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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9th Nov
Practice notes
This Practice Note provides guidance on CPR 31.16 pre-action disclosure applications, where the applicant and respondent are likely to be parties to...
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9th Nov
Practice notes
In most torts, where a defendant breaches their duty towards the claimant, they are only liable if the claimant can establish that the breach in...
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Produced in partnership with Laurence Page of Hardwicke Chambers 12th Jan
Practice notes
What is quia timet relief?Injunctions are generally awarded where a party has already suffered a wrong. For guidance on injunctions generally, see...
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9th Nov
Practice notes
This Practice Note considers proprietary estoppel from a generic standpoint.For industry specific guidance on proprietary estoppel, see Practice...
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Produced in partnership with Nicholas Macklam of Radcliffe Chambers 12th Jan
Practice notes
There may be times when, rather than assigning the benefit of an agreement to a third party, the original parties wish instead to end their...
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Produced in partnership with Jon Chapman of Clarkslegal LLP 12th Jan

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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27th Apr
Practice notes
This Practice Note sets out when and how an innocent party can rescind a contract for misrepresentation, why they would wish to do so and when...
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27th Apr
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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8th Apr
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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8th Apr
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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8th Apr
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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Produced in partnership with Professor Richard A Buckley 8th Apr
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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8th Apr
Practice notes
This Practice Note considers the requirement for there to be a false statement of fact for an actionable misrepresentation. For details of the other...
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8th Apr
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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Produced in partnership with Professor Richard A Buckley 8th Apr
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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8th Apr
Practice notes
This Practice Note considers the requirement for the representor both to have intended to and actually to have induced the representee, by their...
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8th Apr
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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31st Mar
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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15th Feb
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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15th Feb
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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11th Feb
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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11th Feb
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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11th Feb
Q&As
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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11th Feb

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