Misrepresentation And Breach Of Contract - Free Coursework.
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.
In common law jurisdictions, a misrepresentation is an untrue or misleading statement of fact made during negotiations by one party to another, the statement then inducing that other party to enter into a contract. The misled party may normally rescind the contract, and sometimes may be awarded damages as well (or instead of rescission). The law of misrepresentation is an amalgam of contract.
Short essay on Misrepresentation. Article Shared By. ADVERTISEMENTS: Misrepresentation is a wrong statement of fact made innocently, i.e., without any intention to deceive the other party. A party makes a statement which is not correct but the party making the statement does not know that it is wrong or it honestly believes that it is correct. Example: A, while selling his watch, tells B that.
The law of contract often seeks to strike a balance between competing concerns, such as the desire to uphold certainty in contracts, which contrasts with the desire to protect a party who has entered into a bad bargain as a result of fraudulent misrepresentation. In relation to mistake as to identity, the role of contract law in balancing competing interests is similar. Here, contract law.
A misrepresentation is an untrue statement of fact made by one party to the other, which induces and misleads that party to enter into a contract. Misrepresentation must be of fact, not of opinion or intention. Silence in itself can be regarded as a misrepresentation. Similarly, the truth but not the whole truth can be a misrepresentation.
In contract law, a misrepresentation is when a party to a contract makes a representation by words or conduct that conveys a false or misleading understanding that has the effect of inducing a party in entering 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.
Answer: The availability of the different remedies is determined by the type of misrepresentation and the stage the contract has reached when the victim discovers the misrepresentation. An action for fraudulent misrepresentation allows for a remedy of damages and rescission. One can also sue for fraudulent misrepresentation in a tort action. Section 2(1) of the Misrepresentation Act 1967.