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  2. Misrepresentation - Wikipedia

    en.wikipedia.org/wiki/Misrepresentation

    Once misrepresentation has been proven, it is presumed to be "negligent misrepresentation", the default category. It then falls to the claimant to prove that the defendant's culpability was more serious and that the misrepresentation was fraudulent. Conversely, the defendant may try to show that his misrepresentation was innocent.

  3. Royscot Trust Ltd v Rogerson - Wikipedia

    en.wikipedia.org/wiki/Royscot_Trust_Ltd_v_Rogerson

    It examines the Misrepresentation Act 1967 and addresses the extent of damages available under s 2(1) for negligent misrepresentation. The court controversially decided that under the Act, the appropriate measure of damages was the same as that for common law fraud, or damages for all losses flowing from a misrepresentation, even if unforeseeable.

  4. Tort of deceit - Wikipedia

    en.wikipedia.org/wiki/Tort_of_deceit

    So where there is a sudden downturn in the property market, a person guilty of deceitful misrepresentation is liable for all the claimant's losses, even if they have been increased by such an unanticipated event. [7] This is subject to a duty to mitigate the potential losses. [8] Contributory negligence is no defence in an action for deceit. [9]

  5. Derry v Peek - Wikipedia

    en.wikipedia.org/wiki/Derry_v_Peek

    Derry v Peek [1889] UKHL 1 is a case on English contract law, fraudulent misstatement, and the tort of deceit. Derry v Peek established a 3-part test for fraudulent misrepresentation, [1] whereby the defendant is fraudulent if he: (i) knows the statement to be false, [2] or (ii) does not believe in the statement, [3] or (iii) is reckless as to ...

  6. Misrepresentation Act 1967 - Wikipedia

    en.wikipedia.org/wiki/Misrepresentation_Act_1967

    Damages for misrepresentation. (1) Where a person has entered into a contract after a misrepresentation has been made to him by another party thereto and as a result thereof he has suffered loss, then, if the person making the misrepresentation would be liable to damages in respect thereof had the misrepresentation been made fraudulently, that person shall be so liable notwithstanding that the ...

  7. Tort - Wikipedia

    en.wikipedia.org/wiki/Tort

    Historically (and to some degree today), fraudulent (but not negligent [42]) misrepresentation involving damages for economic loss may be awarded under the "benefit-of-the-bargain" rule (damages identical to expectation damages in contracts [42]) which awards the plaintiff the difference between the value represented and the actual value. [42]

  8. Heilbut, Symons & Co v Buckleton - Wikipedia

    en.wikipedia.org/wiki/Heilbut,_Symons_&_Co_v...

    It held that a non-fraudulent misrepresentation gave no right to damages. This was decided decades before Hedley Byrne v Heller, where damages for negligent misrepresentation were introduced in English law, and, thus, it would today be regarded as wrongly decided under the tort of negligent misrepresentation.

  9. Unfair business practices - Wikipedia

    en.wikipedia.org/wiki/Unfair_business_practices

    It has in the past included in its mission the goal of preventing "fraud, deception, and unfair business practices in the marketplace". [6] It does so by "collecting reports from consumers and conducting investigations, suing companies and people that break the law, developing rules to maintain a fair marketplace, and educating consumers and ...