Mis-Representation

A mis-representation is a false statement made during negotiations for a contract. They must be false information that induced or encouraged the claimant to enter into the contract. They must be clear and unambiguous statements. Broad advertising terms will not count. Describing a house as a “desirable residence” even when it is not specific enough to create a mis-representation.

Rescission: this means that the contract is made void and the claimant can avoid their duties. Damages: the claimant can claim compensation for costs and losses connected with the mis-representation. Identify three features of a mis-representation. 1.       That it is an untrue statement. 2.       The claimant has relied on the information given by the defendant to make the purchase. 3.       The claimant can claim for rescission, which makes the contract null and void, damages can be claim for any losses.

Definition

Remedies