| Contract law |
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| Formation |
| Defences |
| Interpretation |
| Dispute resolution |
| Rights of third parties |
| Breach of contract |
| Remedies |
| Quasi-contractual obligations |
| Duties of parties |
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| Related areas of law |
| By jurisdiction |
| Other law areas |
| Notes |
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In common law jurisdictions, a misrepresentation is a false or misleading[1] statement of fact made during negotiations by one party to another, the statement then inducing that other party to enter into a contract.[2][3] The misled party may normally rescind the contract, and sometimes may be awarded damages as well (or instead of rescission).
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.
- ^ R v Kylsant [1931]
- ^ In Curtis v Chemical Cleaning and Dyeing Co[1951] Ms Curtis took a wedding dress with beads and sequins to the cleaners. They gave her a contract to sign and she asked the assistant what it was. The assistant said it merely covered risk to the beads, but in fact the contract exempted all liability. The dress was stained but the exclusion was ineffective because of the assistant's misrepresentation, and the claim was allowed.
- ^ Curtis v Chemical Cleaning and Dyeing Co [1951] 1 KB 805