Misrepresentation Essay

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MISREPRESENTATION MISREPRESENTATION A Misrepresentation is a false statement made by one party that induces the other party to enter into a contract. These statements can have a contractual significance even though it doesn’t form part of the contract. In order to be actionable, the statement must not only be false but must acted to induce the other party to enter the contract. It occurs where one party makes a false representation before or at the time of making the contract. REPRESENTATION This is a statement of fact by one party to another in a contract. MEREPUFFS Statements which are so vague that they have no effect at law or equity; it is normally a sales man language to persuade a buyer to a deal or a contract. Thus in Dimmock v hallet[1], land was described as “fertile and improvable”, this was held to be mere sales talk of which there was no relief. This should be distinguished from precise claims e.g that use of a carbolic some ball will give immunity to influenza.[2] There are a number of essential elements that must be satisfied in order to claim a false statement to be actionable as a misrepresentation; It must be of material fact and not an opinion in Bisset v Wilkinson [3] Here, the defendant was a vendor of a farm that had never run a sheep gave his opinion that it would support about two thousand of them. This turned out not to be the case and the plaintiff who was the purchaser sought the return of his money. Court held that the statement was had not been a representation but merely an expression of the defendant’s honestly held opinion. However where a statement is made by a supposed expert, however or by a person supposed to have special knowledge of the facts the courts have tended to bend the rule. The statement must have been relied on by the representee. Misrepresentations don’t affect the

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