ABSTRACT

This chapter deals with situations involving false representations, otherwise known as 'misrepresentations'. It explains the elements required to demonstrate the existence of misrepresentation, as well as the different types of misrepresentation. The law of misrepresentation deals with situations in which one party should be able to bring the contract to an end because of a misrepresentation from the other party. The law requires a false statement of fact to have been made in order for there to be a misrepresentation. Lord Denning's comments in the Curtis case therefore suggest that it is possible to make a misrepresentation in this way, rather than just the traditional way of considering a statement. An innocent misrepresentation is a false statement that is neither fraudulent nor negligent. The chapter concludes by demonstrating the remedies available to a party who has been affected by the misrepresentation of the other party.