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?

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Produced in partnership with Niranjan Venkatesan of One Essex Court Chambers
Published on LexisPSL on 11/10/2019

The following Dispute Resolution Q&A produced in partnership with Niranjan Venkatesan of One Essex Court Chambers provides comprehensive and up to date legal information covering:

  • 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?
  • What are the types of misrepresentation?
  • What remedies are available for actionable misrepresentations?

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 that induced the other party (the representee) to enter into the contract.

What are the types of misrepresentation?

The untrue statement may have been made:

  1. fraudulently

  2. negligently

  3. innocently

For further guidance on the different types of misrepresentation, see Practice Note: Misrepresentation—falsity (fraudulent, innocent or negligent misrepresentation).

What remedies are available for actionable misrepresentations?

Section 2(1) of the Misrepresentation Act 1967 (MA 1967) is concerned with the

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