Contracts (Rights of Third Parties) Act 1999
Third party still cannot be subject to burden of a contract
Can benefit if contracts expressly provides or purports to confer a benefit
Certain contracts excluded by section 6
Common law exceptions still apply by section 7
Does the misrep have to be the only inducement?
No, must be an inducement (JEB Fasteners v Marks Bloom) but need not be only inducement (Edgington v Fitzmaurice)
Misrepresentation Act 1967
Defines misrep as a false statement, no reasonable grounds to believe its truth.
Governs damages.
Burden on statement-maker to prove reasonable grounds for belief in the truth of the statement.
Cannot exclude liabilites for misrep unless reasonable under UCTA/CRA.
Steps to dealing with a misrep claim
1) Identify the statement.
2) Is it actionable?
3) Is it fraudulent, negligent, or innocent?
4) What are the remedies?
5) Defences? Exclusion clause? Contributory negligence?
