Jacob J:… The law concerning non-fraudulent misrepresentation which induces a party to enter into a contract is that embodied under the common law (including equity) as modified by the 1967 Act as amended by the 1977 Act. Before the 1967 Act the remedy where a non-fraudulent misrepresentation of fact had been made and relied upon lay in equity. Equity could not provide damages: it provided rescission where this was possible. It was not in some cases for certain; in others there was doubt as to the law. It remains the law that a misrepresentation as to law, opinion, or a mere puff will not give rise to a remedy. The misrepresentation must be one of fact, not a mere unfulfilled promise. Nor is there a remedy unless the representee relies upon the representation. By 1967 there may also have been a remedy in negligence, where the misrepresentation of fact was negligently made and there was some kind of special relationship between the parties. Hedley Byrne and Co Ltd v Heller and Partners Ltd  2 All ER 575;  AC 465 had recently been decided. Liability for negligent misrepresentation had become part of the law but its scope was not fully resolved.