REMEDIES

The complexities of misrepresentation become evident when remedies are examined. While rescission is relatively straightforward, establishing the scope of the defendant’s liability in damages requires identifying whether the misrepresentation is fraudulent, negligent, or innocent, and considering both the common law and the provisions of the Misrepresentation Act 1967. Note that where the representation is incorporated as a term of the contract, consideration should also be given to remedies for breach of contract.

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