Types of misrepresentation

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  • Types of Misrep
    • Fraudulent Misrep
      • A false statement is made and the party knows it to be false.
      • Derry v Peek
      • Remedies:
        • Rescission of the contract
        • Damages under the tort of deceit
    • Negligent Misrep
      • A statement made without reasonable grounds for its truth
        • S2(1) Misrep Act 1967
        • Rescission and damages
    • Innocent Misrep
      • A statement which the seller believes and that the reasonable man would believe as well
        • Rescission but no right to damages
          • Unless rescission is unavailable then damages will be awarded




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