MISREPRESENTATION

MISREPRESENTATION

1. A false statement of fact made by one party to another which induces one party to enter into the contract.

2. (mis)representation is not a contractual promise or duty Kleinwort Benson Ltd v Malaysia Mining Berhad

3. FORMS OF MISREPRESENTATION

   • Misrepresentation by conduct: Gordon v Selico, Spice Girls Ltd
   • A statement that is a half truth may amount to misrepresentation Dimmock v Hallett (vendor said that the farms were fully let but did not diclose the information that the tenants have given notice to quit
   • Changed Circumstances: If a statement is made which is true at the time of making, but subsequently becomes untrue, there is a positive duty on the statement maker to ensure to inform the relevant party of this. With v O'Flanagan and Peekay Intermark