Actionable misrepresentation and negligent misstatement

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Claiming interest

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Damages in tort claims—recovery and assessment

This Practice Note considers what damages may be available as remedy for claims in tort, including negligence claims.For general guidance on damages,...

Produced in partnership with Lina Mattsson of Hardwicke Chambers 1st Oct

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CPR Part 8 claims (alternative procedure for claims)

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Tomlin orders

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Nuisance—establishing a claim for private nuisance

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Privilege—loss or waiver of privilege

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Promissory estoppel

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Amending a statement of case

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The doctrine of res judicata

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Practice notes

The remedy of damages—general principles

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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Practice notes

Rescission of a contract

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In-house

Practice notes

Privilege—general principles

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Practice notes

Interim injunctions—guiding principles

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Practice notes

Limitation—the principal limitation periods

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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Most recent Actionable misrepresentation and negligent misstatement content

Practice notes

The tort of deceit

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...

25th Sep

In-house

Practice notes

Misrepresentation—falsity (fraudulent, innocent or negligent misrepresentation)

A claim for misrepresentation requires that the statement made must have been false. This is the ‘falsity’ requirement.Having established the falsity...

25th Sep

Practice notes

Misrepresentations—excluding and limiting liability for them

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...

25th Sep

Practice notes

The remedy of damages—general principles

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...

25th Sep

Practice notes

Negligent misstatement—defences and remedies

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...

26th Sep

Practice notes

Claiming negligent misrepresentation or negligent misstatement—practical considerations

A claim for negligent misrepresentation may often be brought alongside or in the alternative to a claim for negligent misstatement. It is therefore...

26th Sep

Practice notes

Misrepresentation—damages as a remedy

This Practice Note considers when damages are available as a remedy for a misrepresentation claim with reference to the Misrepresentation Act 1967 (MA...

26th Sep

Practice notes

Negligent misstatement—founding a claim

Similar but different to a claim for actionable misrepresentation are claims for negligent misstatement. This Practice Note sets out when and how such...

26th Sep

Practice notes

Misrepresentation—what it is and similar claims

This Practice Note describes what an actionable misrepresentation is, the essential elements of the Misrepresentation Act 1967 (MA 1967) and provides...

26th Sep

Q&As

Can a contract be rescinded if, subsequent to the contract being concluded, one party attempts to redefine the terms?

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...

28th Sep

Q&As

Is a main contractor liable to the customer for the fraudulent actions of its sub-contractor in performing sub-contracted services to the customer?

Privity of contract and liabilityAlthough contractual rights and benefits generally are (subject to express contractual provisions to the contrary)...

28th Sep

Q&As

From what point does the limitation period in respect of a negligent misstatement claim run?

Limitation periods for claims in tortA negligent misstatement claim is a tort action. In general, the limitation period for torts are governed by...

28th Sep

Q&As

When might an untrue warranty amount to fraud under the Fraud Act 2006, s 2?

For further guidance on a claim under Fraud Act 2006 (FrA 2006), see Practice Note: Fraud by false representation.Untrue warranty scenarioThis...

28th Sep

Q&As

Where, in selling B’s goods on behalf of B, B’s agent provides to A documents independently produced by C as to the status of the goods and A relies on those documents in purchasing B’s goods; if the goods are defective, does A have a cause of action against B, B’s agent or C? In contract and/or in tort? Does it make any difference if the sale documents contain a non-reliance clause?

This Q&A assumes that A is a consumer and not a business.Who to sue?In this Q&A the brokerage acts as B’s agent. A principal (here B) is normally...

28th Sep

Q&As

If a corporate entity buys a company but does not disclose the true identity of its shareholders, can the seller bring a claim against the buyer?

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...

28th Sep

Q&As

Is 'actual knowledge' a defence to a misrepresentation claim? The claimant (the representee) was advised of the issue which is the subject of the claim before completion.

A claim for misrepresentation arises where one party to a contract (the representor) made an untrue statement that induced the other (the representee)...

28th Sep

Q&As

Section 2(1) of the Misrepresentation Act 1967 allows a claimant to claim damages for non-fraudulent misrepresentation, unless the representor can prove they had reasonable grounds for believing the statement to be true. If the representor had reasonable grounds for believing the statement to be true, would this mean that the misrepresentation was made innocently? In what circumstances could a claimant claim damages for negligent misrepresentation?

What is a claim for misrepresentation?A claim for misrepresentation arises where one party to a contract (the representor) made an untrue statement...

Produced in partnership with Niranjan Venkatesan of One Essex Court Chambers 28th Sep

Q&As

What are the potential remedies to where there is an accusation of forged signatures on time sheets provided by temporary staff to their agency for payment?

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...

28th Sep

Q&As

If someone misrepresents that they have the royal charter, what are the consequences for another party relying on such misrepresentation and what are the consequences of the party making the misrepresentation generally?

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...

28th Sep

Q&As