Misrepresentation—what it is and similar claims


Published by a ³ÉÈËÓ°Òô Dispute Resolution expert
Practice notes

Misrepresentation—what it is and similar claims


Published by a ³ÉÈËÓ°Òô Dispute Resolution expert

Practice notes
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This Practice Note describes what an actionable misrepresentation is and the key ingredients required for bringing a claim for misrepresentation, the role of the Misrepresentation Act 1967 (MA 1967) and provides a comparison with other similar claims. For related guidance on the key elements required to establish a claim for misrepresentation, see Practice Notes:

  1. •

    Misrepresentation—what statements will establish a claim?

  2. •

    Misrepresentation—what is inducement?

  3. •

    Misrepresentation—falsity (fraudulent, innocent or negligent misrepresentation)

For a summary of the practical considerations in misrepresentation claims contrasted with negligent misstatement claims, see Practice Note: Claiming negligent misrepresentation or negligent misstatement—practical considerations.

What is a claim for misrepresentation?

A claim for misrepresentation arises where one party to a contract (the representor) made an untrue statement that induced the other party (the representee) to enter into the contract.

A claim may be made where the representation is made by one contracting party's agent or even, in limited circumstances, where it is made by a third party, see Practice Note: Who can be a party to a claim for misrepresentation?

Where there

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Key definition:
Misrepresentation definition
What does Misrepresentation mean?

A misrepresentation is a pre-contractual false statement of fact or law made by one party to a contract (or his agent) to the other that induced that party to enter into the contract.

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