... that: "the plantiff relied on a combination of words and conduct, and I believe it to be the law that conduct alone can constitute a fraudulent misrepresentation. This has eroded the principle of caveat emptor as it has extended the scope of misrepresentation and has therefore allowed more consumers to be able to sue on the ground of misrepresentation. For a misrepresentation to hold weight there must have been some inducement to enter into the contract. The claimed misrepresentation must also have been a statement of fact and not an opinion, intention or law. In Bisset v Wilkinson (1927) AC 177 it was established that an innocent opinion on a topic could not have been misrepresentation as there had been no previous use of the farm for sheep and therefore Wilkinson's opinion could not have been a misrepresentation. However, if the representor is in a position of superior knowledge then an ...

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