ABSTRACT
This chapter considers four categories of legal rules that govern these situations: misrepresentation, mistake, duress and undue influence. It also considers important aspects of the law of misrepresentation. The chapter describes what constitutes an actionable misrepresentation; looks at the categories of misrepresentation; considers the remedies available for each; and examines the law on exclusion of liability for misrepresentation. It considers the reason for the subdivision when examines negligent misrepresentation under statute. The chapter examines of damages that the courts apply to each category of misrepresentation. The traditional rule that false statements of law were not actionable as misrepresentations was called into question by the decision of the House of Lords in Kleinwort Benson v Lincoln City Council. Their Lordships did not comment on the law of misrepresentation but having abolished the distinction between 'fact' and 'law' in the context of mistake it is difficult to maintain the distinction in the law of misrepresentation.
