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Accg614 - week3

There must be a false statement of fact that the

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Unformatted text preview: f Misrepresenta0on Misrepresentation Fraudulent Innocent Negligent (intentional deceit) (Lack of intention to deceive) (Reckless and careless statement – special relationship) 14 Misrepresenta0on An essen=al element of misrepresenta=on is the making of a ‘representa=on’ by a REPRESENTOR to a REPRESENTEE What is a ‘Representa=on’? 1.  A representa=on is a statement of fact made by one party to another, either before or at the =me of contrac=ng; and 2.  The statement of fact induces the contract. Is it ok to make representa=ons? Yes of course, as long as they are true Note: conduct (as opposed to just verbal statements) may also be a ‘representa=on’ and could also give rise to promissory esstoppel if the belief created by a party causes loss and the party crea=ng that belief does not follow through with th...
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