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In common law jurisdictions, a misrepresentation is a false or misleading [1] statement of fact made during negotiations by one party to another, the statement then inducing that other party to enter into a contract. [2] [3] The misled party may normally rescind the contract, and sometimes may be awarded damages as well (or instead of rescission).
So, under the Misrepresentation Act 1967, damages for innocent misrepresentation are calculated as if the defendant had been fraudulent, despite the absence of deceit. Although this was almost certainly not the intention of Parliament, no changes to the law have been made to address this discrepancy.
Edgington v Fitzmaurice (1885) 29 Ch D 459 is an English contract law case, concerning misrepresentation. It holds that a statement of present intentions can count as an actionable misrepresentation and that a misrepresentation need not be the sole cause of entering a contract so long as it is an influence.
Rescission at common law is only available for fraudulent misrepresentations and duress. Rescission renders the contract void ab initio , and courts will only grant rescission under common law if the parties can be restored to their original positions prior to the formation of the contract (" restitutio in integrum "). [ 3 ]
A unilateral mistake is where only one party to a contract is mistaken about the terms or subject-matter contained in a contract. [7] This kind of mistake is more common than other types of mistake. [citation needed] One must first distinguish between mechanical calculations and business errors when looking at unilateral mistake. [citation needed]
Redgrave v Hurd (1881) 20 Ch D 1 is an English contract law case, concerning misrepresentation. It holds that a contract can be rescinded for innocent misrepresentation, even where the representee also had the chance to verify the false statement.
Deception is the act of convincing one or many recipients of untrue information. The person creating the deception knows it to be false while the receiver of the information does not. [ 1 ] It is often done for personal gain or advantage.
"[T]o protect people from being forced, tricked or misled in any way by others into parting with their property is one of the most legitimate objects of all laws; and the equitable doctrine of undue influence has grown out of and been developed by the necessity of grappling with insidious forms of spiritual tyranny and the infinite varieties of fraud."