Contract Law - Free Law Essay - Essay UK.
A misrepresentation is a statement of fact (not opinion) which is made by a seller before a contract is made. If you relied on that statement when deciding whether or not to go ahead with your purchase, and this then turns out to be wrong, you may be able to claim compensation.
In the legal word, the term “misrepresentation” refers to a statement someone makes an untrue statement in order to encourage someone else to sign a contract. For example, misrepresentation occurs when a person signs a contract, then suffers damages as the result of taking the other person’s advice.
In contract law, a misrepresentation is when a party to a contract makes a representation by words or conduct that conveys a false or misleading understanding that has the effect of inducing a party in entering the contract.
Misrepresentation and Breach of Contract The distinctions between the two legal issues of misrepresentation and breach of contract are dependant on whether the pre-contractual statement was made on the basis of a representation, or on a promise or obligation to be fulfilled.
In modern law, misrepresentation is classed as fraudulent, negligent or wholly innocent. Fraudulent misrepresentation Definition Fraudulent” in this sense was defined by Lord Herschell in Derry v Peek (1889) 14 App Cas 337 as a false statement that is “made. knowingly, or; without belief in its truth, or.
By definition, misrepresentation is a false statement of a fact that is made by one of the parties to a contract which induces another party to enter into a contract. Misrepresentation can be done intentionally, unintentionally or negligently. Misrepresentation is one of the vitiating factors to a contract.
Need help! contract law exam question how to structure it Watch.. 1 case per example or definition. Not a brilliant essay- But if you do all that, then I think that explains it and i got the feeling you were just trying to survive.. Misrepresentation makes a contract voidable and the innocent party has the right to rescind the contract.