正在編輯用戶:Hinnia/Misrepresentation （章節）

== Types of Misrepresentations ==

=== Fraudulent ===
Definition ('''''Derry v. Peek''''')

False statement made

Knowingly, or

Without belief in truth, or

Recklessly

=== Innocent ===
Made honestly, with reasonable grounds for belief.

Historically gave right to rescission but not damages

=== Negligent ===

* Duty of Care Principle: Recognised that negligent misrepresentation could give rise to damages in tort ('''''Hedley Byrne''''')
* Assumption of Responsibility Principle
** '''''Henderson v Merrett Syndicates'''''
*** If a person assumes responsibility to another in respect of certain services
*** No reason why he should not be liable in damages for that other in respect of economic loss which flows from the negligent performance of those services.
* Concurrent duties in tort and contract
** '''''Henderson v Merrett Syndicates'''''
*** Common law is not antipathetic to concurrent liability
*** No sound basis for a rule which automatically restricts the claimant to either a tortious or a contractual remedy
*** Result may be untidy
*** But given that the tortious duty is imposed by the general law
*** Contractual duty is attributable to the will of the parties
*** Do not find it objectionable that the claimant may be entitled to take advantage of the remedy which is most advantageous to him

=== Statutory ===

* '''Misrepresentation Act 1967, s. 2(1)'''
** Creates statutory right to damages for negligent and some innocent misrepresentations
** Reversed burden of proof
** Representor liable unless proves "had reasonable grounds to believe and did believe" facts true
** Advantages over common law negligence: No need to prove duty of care or breach; more generous remoteness rule
* '''''Royscot Trust v. Rogerson'''''
** Damages under s.2(1) measured as if for fraudulent misrepresentation (deceit measure) → all direct losses, even unforeseeable
* '''''Howard Marine v. Ogden'''''
** Illustrates difficulty discharging burden of proving reasonable grounds