Misrepresentation in Europe

Definition of Misrepresentation

Where one of the parties to an intended contract conveys to the other a false impression as to some matter relating to the contract, whether by an express statement (active) or by silence (passive)
A false or fraudulent misrepresentation is one made with knowledge of its falsehood. A negligent misrepresentation is one made with no reasonable grounds for believing it to be true. An innocent misrepresentation is one made with reasonable grounds for believing it to be true
When a person has been induced to enter into a contract by misrepresentation, he may in general either
(1) affirm the contract and insist on the misrepresentation being made good, if that is possible, or
(2) rescind the contract,, or
(3) bring an action for damages, or
(4) rely upon the misrepresentation as a defence to an action on the contract. An innocent misrepresentation has no effect on the contract unless it produces mistake excluding true consent, or unless it amounts to a warranty or condition, or unless the contract is one in which good faith is especially required, such as contracts of insurance and family settlements. Specific performance will not be decreed if a definite untrue representation has been relied on. See Derry v. Peek ; Peek v. Gurncy ; Langridge v. Levy ; Chandelor v. Lopus

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Definition of Misrepresentation is, temporally, from A Concise Law Dictionary (1927). This page needs to be proofread.

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