This Practice Note considers the requirement for there to be a false statement of fact for an actionable misrepresentation. For details of the other key ingredients for a misrepresentation claim, see the following Practice Notes:
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Misrepresentation—what is inducement?
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Misrepresentation—falsity (fraudulent, innocent or negligent misrepresentation)
For guidance on the closely related claim for deceit, see Practice Note: The tort of deceit.
Key elements of an actionable misrepresentation
The key elements of an actionable misrepresentation are:
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the statement relied on by the representee was a statement of fact made to them by or on behalf of the representor
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the statement was intended by the representor to induce the representee to enter into the contract
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the statement actually induced the representee to enter into the contract
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the statement had the character of a representation
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the representation was false
Additionally, where damages are claimed (in addition or alternatively to rescission), the representee must establish that misrepresentation caused them to suffer loss. (See Practice Note: Misrepresentation—damages as a remedy).
For a detailed
