Laws W7 Contract Law3 合同法

Misrepresentation歪曲

Issue：Do Bob and Marcy have an action against Dale for misrepresentation?

Law:

Vitiating factors affect genuine contractual consent. In certain circumstances, the innocent party seek compensation, or the Courts may declare the contract void by lack of genuine consent.

Misrepresentation is a vitiating factor.

There are four elements for misrepresentation:

1. A false representation made by one party to another; 代表作出虚假陈

述

2. With regard to some existing fact or past event;关于现有或过去的，不

能是未来

3. Before or at the time the contract is made; and 签订合同前或者签订合

同时

4. Intended to induce, and does induce, the other party to enter into the

contract意图诱导另一方签订合同

There are 3 kinds of misrepresentation. 选择是以下哪种虚假陈述

1. Fraudulent misrepresentation 欺骗性

The representor knows or believes that the statement is untrue and presents it to be true or accurate with the aim of making the other party enter into the contract

4elements:

1. A false statement of fact made by one party to the other; 虚假陈述

2. The statement is made knowingly, with a lack of belief in its truth or

recklessly; 明知故犯。而Negligent：觉得是对的，结果是错的。故意做出的，缺乏真实性或

3. The statement induces the other party to enter into the contract; and 诱导

进入合同

4. The statement results in damage to the innocent party

See：Derry v Peek对无辜一方造成损害

The innocent party may rescind the contract and sue for damages

2. Negligent misrepresentation过失误述，无意的

The representor makes an honest but incorrect statement negligently and carelessly.

The elements of negligent misrepresentation are:

1.A relationship/special position exists between parties such that the person providing the information or advice must exercise a duty of care;

2.Subject matter is of a serious or business nature严肃性或商业性质;

3.Person providing the advice realizes that the recipient intends to act upon that advice or information;提供建议的知道接受者会根据这个建议行动

4.It was reasonable for recipient to rely on the advice or information;接受方会合理依赖这个信息and

5.Damage was suffered by the recipient, usually monetary.

The innocent party may rescind the contract and/or sue for damages to restore their position.

3. Innocent misrepresentation善意误述

The elements of innocent misrepresentation are:

•the representor does not intend to deceive anyone;

•the misrepresentation is made unintentionally:

See: Oscar Chess v Williams[1957]

•Oscar Chess v Williams concerned defendants who had sold a Morris car to the plaintiffs, who were motor traders. The defendants gave the

plaintiffs paperwork indicating the car was first registered in 1948.

However, the plaintiffs realised eight months later that the car had

actually been registered in 1939, and was therefore worth less. It was

held that the statement was merely an innocent misrepresentation. The