Misrepresentation Misrepresentation is an untre statement by one party which induces the other party 2 enter into a contract.

A contract as a result becomes voidable. The rememdy available depends on the type of misrep a) Fradulent b)Negligent c) Innocent For a claim to succeed there must have been a false statement. A statement of fact, induced the other party and is not intended to be binding. Statement of fact The statement must be of fact, An opinion will not create action for misrepresentation Bisset v Wilkinson Owners of a land told prospective customer he believed the land could hold 2,000 sheeps. This was regarded as no more than an opinion since the land wasnt ever used for sheep farming. The statement was an estimate.

However, if the statement maker has some special knowledge this gives weight to the opinion and maybe treated as implied representation of fact. Smith v Landhouse Property Plaintiff described tenenant was most desireable which was far from it. The court held a statement of opinion by a person with special knowledge woild often be a statement of fact because there is an implied assertion the statement maker knows of facts that justify their opinion. A statement expressing future intent is a speculation rather than a fact. o Eddington v Fitzmaurice Statement falsly represented a state of a mans mind is actionable misrep.