Misrepresentation—falsity (fraudulent, innocent or negligent misrepresentation)
Produced in partnership with Charles Spragge of Druces
Misrepresentation—falsity (fraudulent, innocent or negligent misrepresentation)

The following Dispute Resolution practice note produced in partnership with Charles Spragge of Druces provides comprehensive and up to date legal information covering:

  • Misrepresentation—falsity (fraudulent, innocent or negligent misrepresentation)
  • Representation must have been false
  • When is a misrepresentation fraudulent?
  • Why plead fraudulent misrepresentation?
  • A word of caution to the claimant
  • Negligent and innocent misrepresentation (non-fraudulent misrepresentation)
  • Innocent misrepresentation
  • Negligent misrepresentation
  • Assessing the merits of a claim for misrepresentation

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

Having established the falsity of a statement, however, the next question is whether that false statement was made fraudulently or innocently. If the false statement was made innocently, then there is yet a further question to consider, namely whether there was any negligence involved in the innocent making of the false statement.

This Practice Note considers the requirement for falsity in a misrepresentation claim and discusses the distinctions and reasons for pleading fraudulent misrepresentation rather than negligent or innocent misrepresentation, with reference to the Misrepresentation Act 1967 (MA 1967). It also sets out a number of pointers for assessing a misrepresentation claim. For related Practice Notes on remedies of damages and rescission in misrepresentation claims, see Practice Notes:

  1. Misrepresentation—damages as a remedy

  2. Misrepresentation—rescission as a remedy

Representation must have been false

The representation relied on must have been false; this is so whether the representor made the untrue statement innocently, carelessly or deliberately and fraudulently.

Usually, there will be little difficulty in deciding whether any particular statement made was true or false. The burden of proving falsity is on the representee.

The date for testing when a representation was false is the date when the contract was entered into. So a representation that was true when made, but which becomes false

Popular documents