Misrepresentation—what it is and similar claims
Produced in partnership with Charles Spragge of Druces
Misrepresentation—what it is and similar claims

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

  • Misrepresentation—what it is and similar claims
  • What is a claim for misrepresentation?
  • Difficulties with claims for misrepresentation
  • Changes to misrepresentation claims brought in by the Misrepresentation Act 1967
  • Key elements required for an actionable misrepresentation
  • Who can be a party to a claim for misrepresentation?
  • Misrepresentation or a breach of contract claim?
  • Misrepresentation or a breach of warranty claim?
  • Misrepresentation or a claim based on mistake?
  • Misrepresentation or a negligent misstatement claim?
  • More...

This Practice Note describes what an actionable misrepresentation is, the essential elements of the Misrepresentation Act 1967 (MA 1967) and provides a comparison with other similar claims. For related information on the key elements for establishing a misrepresentation, see Practice Notes:

  1. Misrepresentation—what statements will establish a claim?

  2. Misrepresentation—what is inducement?

  3. Misrepresentation—falsity (fraudulent, innocent or negligent misrepresentation)

For a summary of the practical considerations in misrepresentation claims contrasted with negligent misstatement claims, see Practice Note: Claiming negligent misrepresentation or negligent misstatement—practical considerations.

What is a claim for misrepresentation?

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

A claim may be made where the representation is made by one contracting party's agent or even, in limited circumstances, where it is made by a third party, see Practice Note: Who can be a party to a claim for misrepresentation?

Where there has been a misrepresentation, the representee has a right to rescind the contract whether the misrepresentation was:

  1. fraudulent

  2. negligent, or

  3. innocent

unless one of the bars to rescission exists (see Practice Note: Misrepresentation—rescission as a remedy).

If the representee has suffered loss, they may also (or alternatively to rescission) claim damages unless the representor can prove that they reasonably believed the facts they represented were true.

Note, however, that in cases of innocent

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