Module 3 · Chapter 7

Negligence and Misrepresentation: Tort Beside Contract

A claim against a seller can carry more than one name. This chapter shows when a claim in tort runs beside the contract, what each name needs, and when the second name adds nothing.

≈ 10 min read 8-question test

In this chapter

  • Why a claim can wear two names, and why the second name may escape a clause
  • What a claim in negligence needs, and why the counter needs no second name
  • What a misrepresentation claim needs, and why the brochure point is likely to fail

7.1Tort beside contract in one paragraph

Marrowby’s solicitors now use the words “negligence” and “misrepresentation”, and they mention the brochure. Duarte’s fifth question is what those two words add. Each word names a claim that does not rest on a broken promise.

A claim in negligence is a claim in tort (a civil wrong, no contract needed): it says that someone was careless and caused harm. A claim in misrepresentation rests on the Misrepresentation Act 1967: it says that a false statement led the other side into the contract. Each has its own test, and you apply each on its own.

Key point

When the other side’s letter adds a word, ask three things. What does that claim need? Do the papers give it? Does it reach a loss the contract claim does not? If the answer to the last is no, the word adds nothing.

Also in this chapter

  1. Why lawyers look at both names
  2. Negligence: duty, breach and damage
  3. Misrepresentation: a false statement before the contract
  4. The two words, tested
  5. Your job

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