An Essay on Misrepresentation

5 Pages

20 Downloads

Words: 1472

Date added: 17-06-26

Category:

Tags: legaltort

open document save to my library
Mispresentation Misrepresentation is a civil wrong under the branch of law of torts. This explains that a misrepresentation is a consequence on civil liability if it results in a monetary loss. For instance, let’s say that a real estate speculator possesses swampland but promotes it as appreciated commercially zoned land; this act will be known as misrepresentation. If an individual purchases the land trusting on the speculator's declaration that it is commercially appreciated, the purchaser can sue the speculator for financial losses which is consequence from the buying of that particular land. In order to form liability for that individual who made that kind of declaration, a misrepresentation need to be dependent on by the listener or reader. At the same time, the speaker must know that the listener is trusting on the actual correctness of the proclamation. Finally, the listener's dependence on the declaration must have been sensible and vindicated, and the misrepresentation must have caused in a monetary loss to the hearer. There is no necessary for misrepresentation to be deliberately untrue to form liability. A declaration made with sentient ignorance or an irresponsible disdain for the truth can constitute liability. The investigation or the identification for negligent misrepresentation has been designated as a six-element test: A plaintiff requesting negligent misrepresentation must attest by clear, convincing, and conclusive proof that the defendant had offered facts for the assistance of others in their business dealings that was not true at all, the defendant knew or should have identified that the facts was offered to guide the plaintiff in his business dealings, the defendant was negligent in gaining or communicating the untrue facts, the plaintiff relied on the dishonest facts, the plaintiff's belief was sensible, and the fabricated information proximately caused the plaintiff some damages. A significant limitation on the accessibility of negligent misrepresentation is none other than the economic loss rule. Under this rule, a claim for what amounts to a breach of an agreement cannot be petitioned under the facade of the tort of negligent misrepresentation. Since liability for negligent misrepresentation is in accordance on untruthful information or facts, unless there is flawless, convincing and substantial proof that the information offered by the defendant is not true, an entitlement for negligent misrepresentation cannot be preserved. If the defendant recognized an outlook will be relied on, it is no defence that the dishonest facts are an accurate and precise representation of the defendant's view at the time. Legal responsibility for negligent misrepresentation is thus restricted to circumstances where the defendant has information of the specific injured party's dependence; or the plaintiff is an adherent of a group that the defendant seeks to influence; or the defendant has distinct purpose to know that some associate of a restricted group will rely on the facts. It is not obligatory that the maker should have any specific individual in mind as the intended, or even the credible, receiver of the data. In a nutshell, it is not compulsory that the person who is to become the plaintiff be recognized or known to the defendant as a person when the data is given. It is adequate that the maker of the representation aims it to reach and influence a particular individuals or a group, diverse from the much greater class who might rationally be expected sooner or later to have admission to the data and foreseeably to seek some action in dependence upon it. It is sufficient, likewise, that the maker of the representation discerns that his recipient aims to convey the data to a similar individual, person, or a group. It is adequate, in simple words, in so far as the plaintiff's personality is regarded, that the maker that offers that particular data for reiteration to a certain cluster or class of people and that the plaintiff verifies to be one of them, even though the maker never knew the identity of the plaintiff by name when the data was given. Reasonable or justifiable reliance is properly defined as any reliance reasonable under the surrounding circumstances. Whether the plaintiff reasonably relied upon the defendants' representations is ordinarily a question of fact for the trier of fact. A party may have a duty to disclose such that it may be held liable for negligent misrepresentation if such party fails to make a full disclosure. Ordinarily, the duty to disclose exists only when there is a fiduciary relationship, and not when the parties are dealing at arm's length. A duty to disclose may even arise outside of a fiduciary relationship where the facts are peculiarly within the knowledge of one person and could not be readily obtained by the other, or where, by the lack of business experience of one of the parties, the other takes advantage of the situation by remaining silent. In the case of Derry v Peek (1889) the facts indicated that the defendant railway company specified in a company prospectus that its carriages would soon be relocated by a steam power and not animal power as was then the case. The plaintiff bought shares in the railway company in accordance on the date provided in the catalogue. The railway company then unsuccessful to attain the essential government sanction for steam power and the company was closed down. The plaintiff then sought for an action in deceit against the railway company for deceitful misrepresentation. The House of Lords gave the verdict that in order to form a cause of action resulting in damages for misrepresentation, the statement must be deceitful, or must be equal to being fraudulent, which will be the case if the declaration is made irresponsibly, not taking into account whether it be true or false. A declaration made by an individual fairly believing it to be accurate will not expose the maker to an action in deceit. The House of Lords permitted the appeal and mentioned that the defendants are not accountable because they had decently believed the declaration to be true when they positioned it in their brochure. From this case onwards, the doctrine of negligent misrepresentation was established. In the case of Hedley Byrne v. Heller, Hedley who are the appellants were advertising agents who had offered a considerable quantity of advertising on credit for Easipower. If Easipower did not pay for the marketing then Hedley would be accountable for such quantities. Hedley became anxious that Easipower would not be in a financial situation to pay the debt and sought guarantees from Easipower’s bank that Easipower was in a situation to pay for the extra marketing which Hedley may give them on credit. The respondents, who were Easipower’s bankers, provided a positive report of Easipowers financial situation, but postulated that the statement was given "without responsibility." On the credibility of the statement provided by the respondents, Hedley placed extra orders on behalf of Easipower which ultimately resulted in a loss of £17,000. Hedley then sought for an action against the respondents for damages under the tort of negligence: From here, it was held that a negligent, although truthful, misrepresentation, may give rise to an action for damages for financial loss even if there was no agreement among the advice-giver and the advisee and no fiduciary connection. The law will infer a duty of care once the advisee seeks data from an advisor who has distinct ability and where the advisee beliefs the advisor to practice due care, and that the advisor identified or ought to have known that dependence was being positioned upon his ability and decision. However, in this case there was an express repudiation of accountability and there was therefore be no legal burden. This case recognized the principle of negligent misrepresentation, but however in this case the repudiation efficiently barred the entitlement.
Read full document← View the full, formatted essay now!
Is it not the essay you were looking for?Get a custom essay exampleAny topic, any type available
banner
x
We use cookies to give you the best experience possible. By continuing we'll assume you're on board with our cookie policy. That's Fine