ABSTRACT
This chapter discusses each of the elements required to establish a cause of action for breach of each of the duties to refrain from misrepresentation and non-disclosure, and aims to brief attention to the question of fraud. The element of the duty of fair presentation of the risk, the duty to abstain from making misrepresentations, is the same at common law and under the Marine Insurance Act 1906 as it is under the Insurance Act 2015. The distinction between misrepresentation and non-disclosure is none too real, as compliance with the duty of disclosure are automatically discharge the duty not to misrepresent. The duty to abstain from misrepresentations is a duty known to contracts that are not classed as contracts uberrimae fidei and actionable whether the misrepresentation is made fraudulently, negligently or innocently. In cases of misrepresentation, the representee may be entitled to rescission of the contract in equity, no matter how fraudulent, negligent or innocent of the misrepresentation.
