Pay Online

Ashby de la Zouch

01530 412 167

Tamworth

01827 58391

Misrepresentation claims

 

During the negotiations leading to the formation of a contract, many things are said. Some will be mere sales pitches which have no legal effect and others will be representations. Some can be a statement of opinion which may not become terms of the contract, or statements made by one party which may have induced the other party to enter into the contract. Others will become terms of the contract. The distinction between representations and terms is important because each gives rise to different remedies for breach. Misrepresentation misleads a party into signing a contract when they otherwise might not have.

 

*We are now offering discounts on initial meetings if they are held on Zoom. Get in touch with one of the team to find out more.


 

The law of misrepresentation operates when:

 

  • A pre-contractual statement of fact is made to a party intending to enter a contract, and the statement is relied on to enter the contract, and the statement is false.
  •  

The misrepresentation doesn't even need to be made by the person benefiting from it.

 

Representations become misrepresentations when they're false.

 

Here are the three types of misrepresentation:

  • Innocent misrepresentation
  • Negligent misrepresentation
  • Fraudulent misrepresentation

 

Just because a false statement has been made is not enough to succeed in a claim for misrepresentation and there are conditions which need to be satisfied for there to have been an inducement.

 

The primary consequence for misrepresentation is rescission – placing the parties in the position they would have been in if the contract had not been made.

 

Depending on the type of misrepresentation, damages can be claimed to put the party in the position they would have been had the misrepresentation not been made.

 

At Fishers we have been helping clients settle disputes in and out of court. If you are after legal advice you can either make an enquiry, request a call back, or call us on 01530 412167.

Can we help?

Speak to an expert about misrepresentation claims.

* required fields

Disputes & Claims

My business is in a financial dispute with a supplier

who says we’ve underpaid, we know we need to pay more should we make an offer to settle now?
Read Article
Disputes & Claims

Garden Changes and Dealing with Neighbour Problems - Sorting Out Summertime Conflicts

In this article, we'll discuss common problems that arise from garden alterations, provide guidance on resolving conflicts, and offer advice on the legal aspects that property owners should be aware of.
Read Article
Disputes & Claims

Agricultural Tenancy Disputes

This article explores the key aspects of agricultural tenancy disputes highlighting relevant legislation, common issues, and the mechanisms available for resolving conflicts.
Read Article
Disputes & Claims

Discrimination in education - can you make a claim?

What is discrimination in education, and what can be done about it? Our new guide looks at what discrimination is and how formal action can be taken against it.
Read Article
Business & Workplace

What is commercial litigation?

Ever wondered what commercial litigation is? Our new guide looks at what it covers, and how the issues can be solved.
Read Article

HOW WE CAN HELP YOU?

 

Whatever your needs, assets or personal situation, we will listen to you and provide friendly and practical advice. Understanding your circumstances is the most important thing, so if you prefer to meet in person, by video link or something else - no matter where you are, we’re here to drive the change you need, or solve the problems you have.

Make Any Enquiry Request a Callback Get a Quote

Why Fishers?

 

We are experts at what we do, with knowledge, insight and action you can trust. We listen and take the time to understand you, your circumstances and needs. It's more than experience and skill, our team bring passion. We offer recommendations that bring the complex down to earth.

FIND OUT MORE

Latest News and Events

A Comprehensive Guide to Purchasing a House Without Viewing in the UK Thumbnail
Home, Property & Land

A Comprehensive Guide to Purchasing a House Without Viewing in the UK

Owning a property is a significant milestone, and the process usually involves a great deal of planning and research. However, in some cases, you may find yourself considering purchasing a house without viewing it first.
Read Article
A Comprehensive Guide to Purchasing a House Without Viewing in the UK Thumbnail
Home, Property & Land

A Comprehensive Guide to Purchasing a House Without Viewing in the UK

Owning a property is a significant milestone, and the process usually involves a great deal of planning and research. However, in some cases, you may find yourself considering purchasing a house without viewing it first.
Read Article
Simplifying Probate Applications: A Welcome Update from HMRC Thumbnail
Wills, Trust & Probate

Simplifying Probate Applications: A Welcome Update from HMRC

In the realm of legal practices, especially in matters involving estate management and probate applications, the process has long been known for its complexity and the lengthy waiting times practitioners face.
Read Article
Empowering Carers: New Rights Under the Carers Leave Act 2023 Thumbnail
Family Law

Empowering Carers: New Rights Under the Carers Leave Act 2023

In a significant move to support employees with caring responsibilities, we are delighted to reveal that from 6th April 2024, employees with carer’s responsibilities will be granted the statutory right to take carer’s leave
Read Article
Our clients are at the forefront of everything we do Thumbnail
Business & Workplace

Our clients are at the forefront of everything we do

Solicitor Parmveer Virdee talks about her positive experience returning to Fishers
Read Article
The Psychology of Mediating Disputes: Understanding the Human Element Thumbnail
Family Law

The Psychology of Mediating Disputes: Understanding the Human Element

Mediation is a crucial process in resolving disputes across the globe, and England is no exception. It is a method that harnesses the power of psychology to facilitate communication, negotiation, and ultimately, conflict resolution.
Read Article
12 Stages of Conveyancing – A First-Time Buyers Guide Thumbnail
Home, Property & Land

12 Stages of Conveyancing – A First-Time Buyers Guide

Buying your first home can be an exciting yet overwhelming experience. But do not worry, our dedicated conveyancing team are here to make it as smooth and stress-free as possible. Guiding you through each step, explore our comprehensive article as we wal
Read Article

 

Fishers Facebook Link

Fishers Twitter Link

Fishers LinkedIn Link

Fishers Youtube Link

Fishers Instagram Link

 

FISHERS SOLICITORS
Fishers is authorised and regulated by the Solicitors Regulation Authority, SRA number 48317. The Solicitors Code of Conduct can be found by clicking the logo.

 

 

Cookie Policy   |   Terms & Conditions   |   Privacy Policy   |   Sitemap

© 2024 Fishers Solicitors

Website Design Quiet Storm Solutions Ltd | Manage Cookie Settings