Innocent Misrepresentation in UK Law

Leading Cases
  • Spence v Crawford
    • House of Lords
    • 18 Mayo 1939

    The Court will be less ready to pull a transaction to pieces where the defendant is innocent, whereas in the case of fraud the Court will exercise its jurisdiction to the full in order, if possible, to prevent the defendant from enjoying the benefit of his fraud at the expense of the innocent plaintiff.

  • Bentley (Dick) Productions Ltd v Harold Smith (Motors) Ltd
    • Court of Appeal
    • 03 Marzo 1965

    Looking at the cases once more, as we have done so often, it seems to me that if a representation is made in the course of dealings for a contract for the very purpose of inducing the other party to act upon it, and actually inducing him to act upon it, by entering into the contract, that is prima facie ground for inferring that it was intended as a warranty. Suffice it that it was intended to be acted upon and was in fact acted on.

  • Sharland v Sharland
    • Supreme Court
    • 14 Octubre 2015

    This may well depend upon the nature of the vitiating factor. We know from Dietz that innocent misrepresentation as to a material fact is a vitiating factor. The court set aside the order because the misrepresentation had induced the defendants to agree to the settlement. We know from Livesey that in matrimonial cases innocent non-disclosure of a material fact is a vitiating factor.

    Although not strictly applicable in matrimonial cases, the analogy of the remedies for misrepresentation and non-disclosure in contract may be instructive. At common law, the general effect of any misrepresentation, whether fraudulent, negligent or innocent, or of non-disclosure where there was a duty to disclose, was to render a contract voidable at the instance of a party who had thereby been induced to enter into it.

    As was held in Smith v Kay (1859) VII HLC 749, a party who has practised deception with a view to a particular end, which has been attained by it, cannot be allowed to deny its materiality. Furthermore, the court is in no position to protect the victim from the deception, or to conduct its statutory duties properly, because the court too has been deceived.

  • AA (Nigeria) v Secretary of State for the Home Department
    • Court of Appeal (Civil Division)
    • 06 Julio 2010

    If it were otherwise, then an applicant whose false representation was in no way dishonest would not only suffer mandatory refusal but would also be barred from re-entry for ten years if he was removed or deported. That might not in itself be so very severe a rule, if only because the applicant always has the option of voluntary departure. If, however, he has to be assisted at the expense of the Secretary of State, then the ban is for five years.

  • Hedley Byrne & Company Ltd v Heller & Partners Ltd
    • House of Lords
    • 28 Mayo 1963

    I therefore turn to the authorities to see what more is required. The most natural requirement would be that expressly or by implication from the circumstances the speaker or writer has undertaken some responsibility, and that appears to me not to conflict with any authority which is binding on this House. Where there is a contract there is no difficulty as regards the contracting parties: the question is whether there is a warranty.

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Legislation
  • Misrepresentation Act 1967
    • UK Non-devolved
    • 1 de Enero de 1967
    ...Misrepresentation Act 1967 ... Misrepresentation Act 1967 ... Misrepresentation Act 19671967 c.7An Act to amend the law relating to innocent misrepresentations and to amend sections 11 and 35 of the Sale of Goods Act 1893.[22nd March 1967] ... 1: Removal of certain bars to rescission for ... ...
  • Misrepresentation Act (Northern Ireland) 1967
    • Northern Ireland
    • 1 de Enero de 1967
    ... ... Misrepresentation Act (Northern Ireland) 1967 1967 CHAPTER 14 An Act to amend the law relating to innocent misrepresentations and to amend sections 11 and 35 of the Sale of Goods Act 1893. [27th June 1967] 1 Removal of certain bars to rescission for ... ...
  • The Consumer Protection from Unfair Trading Regulations 2008
    • UK Non-devolved
    • 1 de Enero de 2008
    ... ... Innocent publication of advertisement defence ... (1) In any proceedings against a ... 1985Section 29 of the Weights and Measures Act 1985 (misrepresentation) shall cease to have effect ... Annotations: Amendments (Textual) # F22 ... ...
  • Matrimonial Causes Act 1950
    • UK Non-devolved
    • 1 de Enero de 1950
    ... ... by any misrepresentation or concealment of the nature of the ... case, the court may, if it ... thereof, for the benefit of the innocent party, and of the children ... of the marriage or either or any of them ... ...
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Books & Journal Articles
  • The Rule in Seddon's Case
    • No. 26-3, May 1963
    • The Modern Law Review
    ... ... of an executed contract on the grounds of innocent misrepresentation. From an examination of these cases, it will ... ...
  • Reports of Committees
    • No. 26-3, May 1963
    • The Modern Law Review
    ... ... S. A. DE SMITH. REFORM OF THE LAW RELATING TO INNOCENT MISREPRESENTATION THE Tenth Report of the Lord ... ...
  • Misrepresentation and Non‐disclosure in Insurance Law — Identical Twins or Separate Issues?
    • No. 59-2, March 1996
    • The Modern Law Review
    ... ... For example, an innocent misrepresentation, on its true construction, can never be an actionable non-disclosure - one is not held liable for not ... ...
  • NOTES OF CASES
    • No. 21-5, September 1958
    • The Modern Law Review
    ... ... 550 THE MODERN LAW REVIEW VOL 21 SALE OF GOODS-INNOCENT MISREPRESENTATION-SEDDON’S CASE IN Long v. Lloyd,’ the sale ... ...
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Law Firm Commentaries
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