ABSTRACT

This chapter examines the elements of actionable misrepresentation, the different types of misrepresentation and the remedies available. The Court of Appeal held that the plaintiff was entitled to rescind on the basis of misrepresentation. In Fiji Islands, and in those countries where the Misrepresentation Act 1967 applies, the right to rescission may be lost in the case of negligent or innocent misrepresentation, by the exercise of the court's discretion. The Fair Trading Decree is not fraught with the difficulty of proving of intention to qualify for damages, and the remedies provided are wider than those available under the common law or the Sale of Goods Act. The Consumer Protection Act, Cap 63 prohibits the making of false representations in the course of trade or business in connection with the supply or use of goods or services.