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The Misrepresentation Act 1967 (c. 7) is a United Kingdom act of Parliament of the United Kingdom which amended the common law principles of misrepresentation. Prior to the Act, the common law position was that there were two categories of misrepresentation: fraudulent and innocent.
Misrepresentation, fraud 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:
The law of misrepresentation is an amalgam of contract and tort; and its sources are common law, equity and statute. In England and Wales, the common law was amended by the Misrepresentation Act 1967. The general principle of misrepresentation has been adopted by the United States and other former British colonies, e.g. India.
Royscot sued the car dealer in damages, alleging that they had relied upon the dealer's misrepresentation, which induced them into the finance plan. Fraud was not mentioned, but Royscot claimed that had the dealer given the correct figures, they would have refused finance, and that the £3,625.24 loss was the dealer's fault.
Police can pursue criminality under "fraud by misrepresentation; where the relationship itself is a deceit for financial gain, or, coercive control and financial abuse legislation".
Doyle v Olby (Ironmongers) Ltd [1969] 2 QB 158 is an English contract law case concerning fraudulent misrepresentation. It illustrates and emphasizes the differing ...
L'Estrange v F Graucob Ltd [1934] 2 KB 394 is a leading English contract law case on the incorporation of terms into a contract by signature.There are exceptions to the rule that a person is bound by his or her signature, including fraud, misrepresentation and non est factum.
Misrepresentation in English law; UK company law; South Australia Asset Management Corpn v York Montague Ltd [1997] AC 191, a negligence case where the scope of duty was restricted against responsibility for fall in the market price.