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What is the Misrepresentation Act 1967?
What is a negligent misrepresentation under the mis representation Act 1967?
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What is a misrepresentation in common law?
An Act to amend the law relating to innocent misrepresentations and to amend sections 11 and 35 of the Sale of Goods Act 1893.
- Table of Contents
There are currently no known outstanding effects for the...
- Original (As Enacted)
Misrepresentation Act 1967 1967 CHAPTER 7. An Act to amend...
- Introduction
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- Provision
1 Removal of certain bars to rescission for innocent...
- Table of Contents
The Misrepresentation Act 1967 is an Act which governs English contract law in the United Kingdom in situations where misrepresentation is involved, prior to parties entering into a contractual agreement.
The Misrepresentation Act exists to protect consumers from false or fraudulent claims that induce you into buying something or entering into a contract. It also allows you to claim damages.
It protects the consumer from being mis-led or mis-sold goods or services. If you enter into a contract and purchase an item or service because you believed a statement (not an opinion) regarding it, then you can end the contract, get a refund and claim compensation.
The Misrepresentation Act 1967 (c. 7) is a United Kingdom act of Parliament of the United Kingdom which amended the common law principles of misrepresentation. Prior to the Act, the common law position was that there were two categories of misrepresentation: fraudulent and innocent.
Under s.2(1) Misrepresentation Act 1967, a negligent misrepresentation is a statement made without reasonable grounds for belief in its truth. The burden of proof being on the representor to demonstrate they had reasonable grounds for believing the statement to be true.
For fraudulent and negligent misrepresentation, the claimant may claim rescission and damages. 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 1967).