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Words: | Submitted: Mon Jun 19 2006
... law that seeks to deal with false (intentionally or otherwise) statements of fact, their severity and the damages that one can seek. Misrepresentation is defined by the 'Oxford Dictionary of Law' as "an untrue statement of fact, made by one party to the other in the course of negotiating a contract, that induces the other party to enter into the contract". In misrepresentation, the person making the statement is known as the representor, and the person who receives and/or relies on the statement is known as the representee. There are four types of misrepresentation now accepted by law; fraudulent, negligent, section 2(i) and innocent. Fraudulent misrepresentation is defined by Lord Herschell in Derry v Peek (1889) 14 App Cas 337 as "[It is a false statement] made (1) knowingly, or (2) without belief in its truth, or (3) recklessly careless whether it be true of false". Intentionally fraudulent misrepresentations are ...
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