Misrepresentation

What is Misrepresentation in Tort Law?

Quick Definition

Misrepresentation in tort law refers to a false statement of fact made by one party to another, which induces the latter to enter into a contract. It can lead to the contract being voidable if the misled party relied on the misrepresentation.

In Context

Misrepresentation often arises in contract disputes where one party claims they were misled by false information. For example, in the famous case of Derry v Peek (1889), the court examined whether a false statement was made fraudulently. Misrepresentation can be fraudulent, negligent, or innocent, each with different legal remedies. In exams, you might be asked to identify the type of misrepresentation and discuss the appropriate remedy, such as rescission or damages.

See Also

• Duty of Care

• Negligence

• Contract Law

Learn More

Dive deeper into misrepresentation with our Tort Law Notes for detailed case law, examples, and revision tips.