'Misrepresentation' in a nutshell Blog

Misrepresentation

At common law, there are three types of misrepresentation, and different tests apply to each category with different remedies available for breach:

1.Innocent;

2.Fraudulent;

3.Negligent.[1]

There are four elements to satisfy before there will be an actionable misrepresentation:

1.A false statement of existing or past fact;

2.Which is addressed to the representee;

3.Before or at the time when the contract was made; and

4.Which was intended to and did induce the representee to make the contract.[2]

[1] Lindy Willmott, Sharon Christensen, Des Butler, and Bill Dixon, Contract Law (Oxford University Press Australia and New Zealand, 5th edition, 2018) p.475.

[2] Ibid, 475.