5.1.1 Misrepresentation – Introduction
Welcome to the fifth lesson of this module guide, misrepresentation! Misrepresentation, in a nutshell, is a false statement which induces a party to enter into a contract. If shown to have occurred, a misrepresentation will allow the contract to be set aside by the representee (made voidable). This is an important aspect of contract law and will affect other areas of this module guide, so an understanding of this is important.
There are several types of misrepresentation, each of which has effect as to the type of damages awarded and the factors considered by a court. After completion of the section, you should be comfortable with being able to identify malpresentations and understand how they relate to the contracts.
This section will begin by defining what a misrepresentation is, before moving on to an examination of what makes one actionable. Next, the different types of misrepresentation will be considered, namely: fraudulent misrepresentation, negligent misstatement, negligent misrepresentation and innocent misrepresentation. Each of these are explored in turn before finally turning to the specific damages available under them.
Below are some goals and objectives for you to refer to after learning this section.
Goals for this section:
- To understand the importance of misrepresentation and its relationship to the elements of contract law
- To understand what a misrepresentation is
- To understand what will constitute a misrepresentation and the approaches the courts will take
Objectives for this section:
- To be able to define a misrepresentation
- To understand what makes a misrepresentation actionable
- To be able to discern the type of misrepresentation that has been made
- To understand the different remedies available depending on the type of misrepresentation
- To be able to effectively apply the law surrounding misrepresentation to a scenario
- To gain an understanding of the various statutory and common law rules governing misrepresentation
Start the Lecture
We have three lengths of lecture to suit varying study needs. Select one of the options below to get started (if you have already chosen a study level you will see the option highlighted in violet):
Each lecture is also accompanied by hands on examples of problem questions for the subject. You can jump directly to the questions below: