Everyone deserves the ability to fight for their rights without the worry of affordability. Since our firm has advocated for the rights of clients in Philadelphia and surrounding cities.
In addition, our attorneys have been in the legal field for over 20 years bringing immeasurable knowledge with them to the firm. We understand the stressful nature of the situation you can be in. Call us for a free consultation and we will strive for a response within 24 hours. October 03, By Weisberg Law.
What is Fraudulent Misrepresentation? To prove fraudulent misrepresentation has occurred, six conditions must be met: 1. A representation was made Obviously, a representation must be made in a case alleging fraudulent misrepresentation. The claim was false Furthermore, the representation that was made must be shown to be false. The claim was known to be false The person or business making the claim also must have have known the claim was false or should have known the claim was false.
The plaintiff relied on the information It is not enough that a false claim was made by the defendant in order to prove fraudulent misrepresentation. Made with the intention of influencing the plaintiff Likewise, the claim must also have been made with the intention of convincing the plaintiff to take a certain course of action. The plaintiff suffered a material loss Finally, the misrepresentation must have led to a loss for the plaintiff.
Categories Consumer Protection. Related Posts. For innocent misrepresentation, the court has a discretion to award damages in lieu of rescission; the court cannot award both see section 2 2 of the Misrepresentation Act For more information, see Practice note, Misrepresentation. Maintained Resource Type Glossary. Entertainment Law. Please provide a valid Zip Code or City and choose a category.
Please choose a category from the list. Please select a city from the list and choose a category. Please enter a valid zip code or city. Please select a city from the list. Connecting …. Are You a Lawyer? Grow Your Practice. What are the Elements of Fraudulent Misrepresentation? What are the Remedies for Fraudulent Misrepresentation?
What are the Defenses for Fraudulent Misrepresentation? Jose Rivera Managing Editor Editor. Last Updated: Aug 15, Choose Your Legal Category: Family. Criminal Defense. Real Estate. Personal Injury. Intellectual Property. If it knew the statement was untrue or only learned about the statement after making the contract, no action could be taken.
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 person making it is careless as to whether it is true or false. An innocent misrepresentation is made when the person making it honestly believes it to be true. The distinction is important because the remedies and the level of damages will depend on the nature of the misrepresentation.
For fraudulent misrepresentation the injured party can claim compensation for all losses resulting from the misrepresentation, whereas losses resulting from a negligent misrepresentation will usually be restricted to those reasonably foreseeable. If the claim is under the Misrepresentation Act , rather than the common law, the assessment of damages and burden of proof is treated somewhat differently.
As to the contract itself, the effect of a misrepresentation is to make it voidable by the injured party who can then choose subject to some qualifications whether to set it aside and treat it as if it had never been made this is called rescission or to continue with it. At common law, the remedy for innocent misrepresentation is rescission of the contract with no damages being awarded, but under the Misrepresentation Act the court has power to award damages in lieu of rescission.
The BSkyB v EDS case in which judgment was given on 26 January is a useful reminder of the consequences of making a fraudulent misrepresentation. The judge found that EDS had made fraudulent misrepresentations as to its ability to deliver a project within a certain timetable and in particular that it had carried out a proper analysis to enable it to make this statement.
The judge also found that it was a result of these misrepresentations that BSkyB had been induced to enter into the contract with EDS.
If the limitation clause is drafted widely enough, for example to refer to claims or liability ' arising under or in connection with the contract ', then such a limit should apply to the damages payable for negligent and innocent misrepresentations, subject of course to the Unfair Contract Terms Act or the Unfair Terms in Consumer Contract Regulations if either applies.
0コメント