what is misrepresentation?
A misrepresentation is a false statement of fact, made before or at the time of the contract, which induces the other party to enter the contract.
Fraudulent Misrepresentation
Where D knowingly, without belief in its truth, or recklessly made the false statement.
case that goes with fraudulent misrepresentation
derry v peek 1889
Negligent Misrepresentation
s.2 Misrepresentation Act 1967 - Where D made a false statement and cannot prove they had reasonable grounds to believe it was true.
case that goes with negligent misrepresentation
Howard Marine v Ogden (1978)
Innocent Misrepresentation
D had reasonable grounds for believing their statement was true.