Misrepresentation Claims

Misrepresentation claims arise in a variety of contexts, are often complicated and, where rescission is sought, must be pursued promptly. JMW can advise you on the merits of a misrepresentation claim and guide you through the process of pursuing or defending such a claim.

If you feel that you have been misled into entering a contract based upon an untrue statement of fact or law, JMW’s experienced solicitors can help you understand your rights and bring any misrepresentation claim on your behalf. Alternatively, we can assist in the defence of any such claim.

To discuss a potential misrepresentation claim, simply call us on 0345 872 6666, or complete our online enquiry form to request a call back at a convenient time.

How JMW Can Help

Our solicitors will initially help you to understand whether you have a potential misrepresentation claim or are able to mount a defence against one. We have a strong track record of helping to successfully bring complex disputes to a resolution quickly and efficiently.

We pride ourselves on providing cost-effective and pragmatic solutions, ensuring that a difficult situation is resolved without delay. Our team can draw on the expertise of colleagues from relevant departments at JMW, including corporate, according to the complexities and requirements of your case.

What is a Misrepresentation Claim?

A claim for misrepresentation arises when one party makes an untrue statement of fact or law that induces another party to enter into a contract and which, in turn, results in a loss being caused.

Representations are to be distinguished from contractual terms, which are enforceable in their own right in the event of a breach, and what is commonly referred to as ‘sales puff’. Statements of opinion will similarly not give rise to a claim for misrepresentation. Statements must be of fact or law.

Types of Misrepresentation

There are three types of misrepresentation, namely:

1. Fraudulent misrepresentation - where someone positively knows a representation to be false or is reckless as to its truth
2. Negligent misrepresentation - where someone makes a representation carelessly and without reasonable grounds for believing its truth
3. Innocent misrepresentation - where a misrepresentation is neither fraudulent or negligent

What Remedies are Available for Misrepresentation Claims?

The remedies available to a party who has been misled depend upon the nature of the misrepresentation. In essence, however, a party may be awarded, what is known as, ‘rescission’ and/or damages.

Rescission effectively allows a party to undo the contract that has been entered into, whereas damages compensate any financial losses caused by the misrepresentation. Rescission is not available in a case of innocent misrepresentation.