Claiming negligent misrepresentation or negligent misstatement—practical considerations
Claiming negligent misrepresentation or negligent misstatement—practical considerations

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Claiming negligent misrepresentation or negligent misstatement—practical considerations

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 useful to understand the key practical considerations in respect of both types of claim.

To access Precedent particulars of claim for negligent misrepresentation and negligent misstatement claims, see the related documents on the right hand side of this Practice Note.

CommentsNegligent misrepresentationNegligent misstatement
Key ingredients of claim—the statement relied on by the representee was a statement made to them by or on behalf of the representor
—the statement was intended by the representor to induce the representee to enter into the contract
—the statement actually induced the representee to enter into the contract
—the statement had the character of a representation
—the representation was false
Inherent therefore in a negligent misrepresentation claim is the entering into of a contract resulting from the misrepresentation
—an untrue statement made by the representor to the representee
—the claimant relied on the misstatement
—the claimant suffered loss as a result of so doing
—there is no requirement for a contract to have been entered into between the claimant and the representor
Parties to such claims—the representor (or their agent if acting within their authority in making the representation on behalf of their principal)
—the representee
in the context of the representor's misrepresentation inducing the representee

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