Misrepresentation In Contract Law

The issue to be dealt with in this problem is misrepresentation. It is therefore requirement to advise SkyReach Ltd. on the possible courses of action regarding misrepresentation. First, the ability of SkyReach Ltd. to overthrow the slenderize on the grounds of innocent misrepresentation, based on the fact that Holgers disputation regarding be after permission, was not a factual statement but a statement of opinion do prior to the contract. Also the possibility of a claim for insurance based on the fact that Holgers statement was non fraudulent. severally claim will be examined separately.

The Misrepresentation Act (1967) has do it possible for the recission of contract by removal of original bars to innocent misrepresentation. Section 1(b) of the Misrepresentation Act (1967) give tongue to that, Where a person has entered into a contract after a misrepresentation has been made to him, and the contract has been performed; he would be entitle to rescind the contract without alleging fraud. Consequently, SkyReach can proceed to rescind the contract on the ground of innocent misrepresentation based on the fact that Holger believed that his statement was true and that the local news was average ground for Holgers belief.





Although, Holgers statement was made during a meeting before the contract, there is a possibility of SkyReach Ltd. rock reliance on the misrepresentation specifically by go into into the contract with Holger. Lord Denning LJ, in Oscar Chess Ltd v Williams (1957) argued that the more than important a statement made during negotiations, the more probably it is a limit of the contract. Hence, the fact that specific question regarding planning permission was asked by SkyReach, is evidence enough to prove its take aim of importance to SkyReach Ltd. and can therefore be considered a term of the contract. Also, SkyReach can claim that reliance on Holgers statement has induced them into the contract. This may pose difficulty for SkyReach because Holger can...If you want to follow a full essay, order it on our website: Orderessay



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