Innocent Misrepresentation in UK Law

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

    Its application is discretionary and where the remedy is applied it must be moulded in accordance with the exigencies of the particular case. 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.

  • Smith New Court Securities Ltd v Scrimgeour Vickers (Asset Management) Ltd and Another
    • House of Lords
    • 21 Noviembre 1996

    In Royscot Trust Ltd. v. Rogerson [1991] 2 Q.B. 297 the Court of Appeal held that under section 2(1) of the Misrepresentation Act 1967 damages in respect of an honest but careless representation are to be calculated as if the representation had been made fraudulently. In Royscot Trust Ltd. v. Rogerson [1991] 2 Q.B. 297 the Court of Appeal held that under section 2(1) of the Misrepresentation Act 1967 damages in respect of an honest but careless representation are to be calculated as if the representation had been made fraudulently.

  • Long (Peter) & Partners v Burns
    • Court of Appeal
    • 16 Julio 1956

    But, in my judgment, this is not a case where the doctrine of estoppel can be relied upon. The Plaintiffs may say that they wasted some time because they had some dealing with Mrs Pritchard which led to an abortive contract. The Defendant mad no fraudulent misrepresentation to the Plaintiffs, and no sort of suggestion of that kind is or could be made. The Plaintiffs do no suggest that the Defendant gave any warranty to them of the truth of the representation which she made.

  • 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.

    In any event, it would be most unfortunate if, merely because of an entirely innocent misrepresentation, an applicant had to leave the UK under a decision of the Secretary of State which stated, as the decision in the case of Mr Adedoyin has stated, that “you have used deception in this application”. That would presumably always be an impediment to such an applicant's return, even if not a mandatory bar.

  • 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 19671967 CHAPTER 7. An 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]. B. e it enacted. by the Queen's most ......
  • 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 . 18. - . (1) In any proceedings ...  26 (misrepresentation) shall cease to have effect. . Airports Act 1986 . 32. In section 74 of ......
  • Matrimonial Causes Act 1965
    • UK Non-devolved
    • 1 de Enero de 1965
    ......petitioner by any misrepresentation or concealment of the. nature of the case, the court may— .   . ( a . ...property, or of any part of it, 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
    • Núm. 26-3, Mayo 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
    • Núm. 26-3, Mayo 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?
    • Núm. 59-2, Marzo 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
    • Núm. 21-5, Septiembre 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
  • The Consequences of Making a Misrepresentation
    • Mondaq United Kingdom
    ...... Misrepresentations can be fraudulent, negligent or innocent. A fraudulent misrepresentation is made when the person making it knows or believes it to be untrue. A negligent misrepresentation is made when the ......
  • Misrepresentation Claims: An Essential Update And Practical Advice
    • Mondaq UK
    ......giving rise to different remedies for the party who has suffered. loss.  Fraudulent misrepresentation; negligent. misrepresentation; and innocent misrepresentation:. Fraudulent misrepresentation is the most. serious and requires the false representation to have been made. knowingly, without ......
  • The Importance Of Being Honest
    • Mondaq United Kingdom
    ...... Failure to correct the replies to enquiries gave rise to an innocent misrepresentation, which, but for inclusion of this condition, would ......
  • The Basics: Negotiating A Contract? Misrepresentation Or Just Exaggeration?
    • Mondaq UK
    ......The test is an objective one. There is no requirement to establish fraud. If the innocent party can prove the statement was in fact false, it will be for the maker of the statement to establish that it reasonably believed in the truth of ......
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