MISREPRESENTATION

A misrepresentation of existing fact or law may give rise to various forms of equitable intervention: • specific performance of a contract may be refused where the plaintiff has

made a misrepresentation; • a contract may be rescinded on account of the defendant’s

misrepresentation; • a misrepresentation made by a fiduciary who has contracted to buy a

property from the beneficiary will give rise to rescission and, where the beneficiary has suffered loss, to equitable compensation;

• a misrepresentation may create an estoppel within the principles of Waltons Stores (Interstate) Ltd v Maher (1988).