Misrepresentation

Innocent Misrepresentation

In some cases a person can get out of a contract because the other party made false representations about present or past matters that were relied upon when the contract was entered into. This type of representation is also referred to as non-fraudulent representations since the maker did not intend for the other party to be deceived.

Let us help you understand:-

• whether or not the contract is voidable and the impact this may have on a damages claim;
• how this area of the law applies to silence and future representations (if at all);
• the types of defences that may be available;

Fraudulent Representations

Representation of this kind are in fact a tort of deceit and can lead to avoidance of the contract. This type of representation must be pleaded with specificity and precision where there are proper grounds for doing so. Lawyers are usually reluctant to plead fraud given ethical restraints and the need for clear evidence.

We can help you to:-

• appreciate the elements of this course of action;
• understand the types of damages that flow from this course of action;
• gain an insight as to the role of causation, remoteness and contributory negligence.

Negligent Misrepresentation

Another kind of misrepresentation arises in the context of negligence where there is a relevant duty of care owed. If such a misrepresentation is made it could lead to the contract being rescinded and damages being awarded.

Some of the matters we can help you with include:-

• giving you advice about whether or not there was a duty of care;
• explaining the potential impact of a negligent misrepresentation including recision and damages;
• advice about the purpose of damages in this context and how it may apply to your situation especially where there is a purely economic loss.

* This content does not purport to give legal advice. Readers must obtain their own legal advice, that applies to the particular circumstances of their case, before taking any action at all.