English Law Basics · glossary

Misrepresentation

A false statement of fact that led the other side into the contract. The maker pays damages unless it proves reasonable grounds for believing the statement. Marrowby ordered on the data sheet, not the brochure, so it will struggle to show reliance. Misrepresentation Act 1967, section 2(1) · Chapter 7 · see Entire agreement clause

Explained in Chapter 7, Negligence and Misrepresentation: Tort Beside Contract, of English Law Basics.

Also explained in Buying Commercial Property.

How it comes up, in Chapter 7
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.
Read Chapter 7, Negligence and Misrepresentation: Tort Beside Contract →

Chapter 1 and this glossary are open to everyone; the whole edition is free to read with a free account until 31 January, and it stays open to an account opened by then.

Related terms

Where this term lives

This term is part of one fictional business dispute, from the client's email to the advice letter, with every document attached and a test after every chapter. Open English Law Basics → · All terms A–Z →