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date: 03 October 2022

p. 936. Misrepresentationlocked

p. 936. Misrepresentationlocked

  • James DevenneyJames DevenneyHead of School and Professor of Transnational Commercial Law, School of Law, University of Reading, UK and McCann FitzGerald Chair of International Law and Business, UCD Sutherland School of Law, University College Dublin, Ireland

Abstract

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, answer plans and suggested answers, author commentary and other features. Misrepresentation is defined as a false statement of fact, made pre-contractually, which is intended to induce the representee to enter into a contract and which has that effect. If an actionable misrepresentation is found to exist a court will then need to consider the available remedies. This chapter considers the following issues relevant to answering any problem question on misrepresentation. Has there been a false statement of fact? Is there evidence of inducement? What type of misrepresentation has potentially been made? What remedies are potentially available? Has liability for misrepresentation been effectively excluded? Has there been a breach of contract?

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