Misrepresentation

Misrepresentation is a concept in contract law referring to a false statement of fact made by one party to another party, which has the effect of inducing that party into the contract. For example, under certain circumstances, false statements or promises made by a seller of goods regarding the quality or nature of the product that the seller has may constitute misrepresentation. A finding of misrepresentation allows for a remedy of rescission and sometimes damages depending on the type of misrepresentation.

According to Gordon v Selico (1986) 18 HLR 219 it is possible to make a misrepresentation either by words or by conduct, although not everything said or done is capable of constituting a misrepresentation. Generally, statements of opinion or intention are not statements of fact in the context of misrepresentation. If one party claims specialist knowledge on the topic discussed, then it is more likely for the courts to hold a statement of opinion by that party as a statement of fact.

Read more about Misrepresentation:  Representation Is Not A Term, Criteria For Misrepresentation, Types of Misrepresentation, Misrepresentation (in India Under IPC Section-90)

Other articles related to "misrepresentation":

Misrepresentation Act 1967 - Section 2(1)
... Damages for misrepresentation. 1) Where a person has entered into a contract after a misrepresentation has been made to him by another party thereto and as a result thereof he has suffered loss, then, if the person making the misrepresentation ...
Misrepresentation - Remedies - Damages
... In cases of fraudulent misrepresentation, a claim for damages is under the tort of deceit, making the damages tortious, in other words, only actual losses are recoverable ... If the losses are calculated under the Misrepresentation Act 1967, damages for misrepresentation are calculated as if the defendant had been fraudulent, even if he has been only negligent ... The difference is that damages for misrepresentation usually reflect C's reliance interest, whereas damages for breach of contract protect C's expectation interest, although ...
Royscot Trust Ltd V Rogerson
... EWCA Civ 12 is an English contract law case, concerning the Misrepresentation Act 1967 and the extent of damages available under s 2(1) for negligent misrepresentation ... that for common law fraud, or damages for all losses flowing from a misrepresentation, even if unforeseeable ...
Misrepresentation Act 1967 - Section 3
... Avoidance of provision excluding liability for misrepresentation ... or restrict— (a) any liability to which a party to a contract may be subject by reason of any misrepresentation made by him before the contract was made or (b ...
Glasgow Media Group - A Defence
... object of a diffuse and often gratuitous campaign of ridicule and misrepresentation ... The authors of this misrepresentation first caricature the group, labelling it a band of Marxist conspiracy theorists, then blame the group for alienating journalists and retarding the cause of ... This article presents evidence of this misrepresentation and then offers an apologia for the GUMG, in the now archaic sense that to apologize is to defend ...