Misrepresentation—what statements will establish a claim?


Published by a ÀÏ˾»úÎçÒ¹¸£Àû Dispute Resolution expert
Practice notes

Misrepresentation—what statements will establish a claim?


Published by a ÀÏ˾»úÎçÒ¹¸£Àû Dispute Resolution expert

Practice notes
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This Practice Note considers the requirement for there to be a false statement of fact for an actionable misrepresentation. For details of the other key ingredients for a misrepresentation claim, see the following Practice Notes:

  1. •

    Misrepresentation—what is inducement?

  2. •

    Misrepresentation—falsity (fraudulent, innocent or negligent misrepresentation)

For guidance on the closely related claim for deceit, see Practice Note: The tort of deceit.

Key elements of an actionable misrepresentation

The key elements of an actionable misrepresentation are:

  1. •

    the statement relied on by the representee was a statement of fact made to them by or on behalf of the representor

  2. •

    the statement was intended by the representor to induce the representee to enter into the contract

  3. •

    the statement actually induced the representee to enter into the contract

  4. •

    the statement had the character of a representation

  5. •

    the representation was false

Additionally, where damages are claimed (in addition or alternatively to rescission), the representee must establish that misrepresentation caused them to suffer loss. (See Practice Note: Misrepresentation—damages as a remedy).

For a detailed

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Key definition:
Misrepresentation definition
What does Misrepresentation mean?

A misrepresentation is a pre-contractual false statement of fact or law made by one party to a contract (or his agent) to the other that induced that party to enter into the contract.

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