Law
Statements of law were, in the past, considered to be free from claims of misrepresentation because it is equally accessible by both parties and is "...as much the business of the plaintiff as of [the defendants] to know what the law [is]."[11]. This has since changed and it is now more recognised that statements of law should be treated as akin to statements of fact rather than occupy a special isolation[12]. As stated by Lord Denning "...the distinction between law and fact is very illusory."[13].
Statement to the Misled
An action in misrepresentation can only be brought by a representee. This means that only those who were an intended party to the representation can sue. This principle can be seen in Peek v Gurney (1873) LR 6 HL 377, where the plaintiff sued the directors of a company for indemnity.
Types of misrepresentation
Four types of misrepresentations are identified with different remedies available:
Fraudulent misrepresentation occurs when one makes representation with intent to deceive and with the knowledge that it is false. An action for fraudulent misrepresentation allows for a remedy of damages and rescission. One can also sue for fraudulent misrepresentation in a tort action. Fraudulent misrepresentation is capable of being made recklessly.
In India, the federal laws defines misrepresentation under "Misconception Of Fact". This is dealt with under the Indian Penal Code in Section 90, which states:
Consent given firstly under fear of injury, and secondly under a misconception of fact, is not consent at all.
Misrepresentation - Wikipedia, the free encyclopedia
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Statements of law were, in the past, considered to be free from claims of misrepresentation because it is equally accessible by both parties and is "...as much the business of the plaintiff as of [the defendants] to know what the law [is]."[11]. This has since changed and it is now more recognised that statements of law should be treated as akin to statements of fact rather than occupy a special isolation[12]. As stated by Lord Denning "...the distinction between law and fact is very illusory."[13].
Statement to the Misled
An action in misrepresentation can only be brought by a representee. This means that only those who were an intended party to the representation can sue. This principle can be seen in Peek v Gurney (1873) LR 6 HL 377, where the plaintiff sued the directors of a company for indemnity.
Types of misrepresentation
Four types of misrepresentations are identified with different remedies available:
Fraudulent misrepresentation occurs when one makes representation with intent to deceive and with the knowledge that it is false. An action for fraudulent misrepresentation allows for a remedy of damages and rescission. One can also sue for fraudulent misrepresentation in a tort action. Fraudulent misrepresentation is capable of being made recklessly.
In India, the federal laws defines misrepresentation under "Misconception Of Fact". This is dealt with under the Indian Penal Code in Section 90, which states:
Consent given firstly under fear of injury, and secondly under a misconception of fact, is not consent at all.
Misrepresentation - Wikipedia, the free encyclopedia
Al
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