Fraudulent misrepresentation Definition

Case studies

"Everything at Advocates is done on a timed basis, so we need to conduct our research efficiently. We don't want to charge clients unnecessarily or write off our time. With Lexis products, we can get more research done each day"

Advocates

Access all documents on Fraudulent misrepresentation

GET ACCESS NOW

GLOSSARY

Published by a ��Ƶ Commercial expert

What does Fraudulent misrepresentation mean?

A knowingly false assertion intended to mislead another and make them agree to a contract because of that misrepresentation.

Fraudulent misrepresentation is a misrepresentation made where the representor knows the statement is false. The required elements for fraudulent misrepresentation are: there must have been a statement, the statement must have been unambiguous, the statement must have been false, the statement must be one ‘of fact’, the statement must have been addressed to the party misled, and the statement must have induced the claimant to enter into the contract. The representation need not have been the only inducement to enter into the contract.

Speed up all aspects of your legal work with tools that help you to work faster and smarter. Win cases, close deals and grow your business–all whilst saving time and reducing risk.

Key provisions in a consultancy agreement—checklist

Key provisions in a consultancy agreement—checklist This Checklist sets out the key provisions to consider in a consultancy agreement. This Checklist highlights issues which are relevant to the customer, issues which are relevant to the consultant and issues which are relevant to both parties for inclusion in a consultancy agreement. This Checklist will assist both the consultant and the customer when reviewing and negotiating a consultancy agreement. See also: Taking instructions for a consultancy agreement—checklist. For Precedent consultancy agreements, see: • Consultancy agreement—company and individual—pro-client • Consultancy agreement—company and company—pro-client • Consultancy agreement—individual and company—pro-consultant • Consultancy agreement—company and company—pro-consultancy • Consultancy agreement—company and individual—pro-client (short form) • Side letter to consultancy agreement—company and company—pro-client For further related guidance, see: Consultancy services—overview and Practice Notes: • Managed service companies and the anti-avoidance legislation • Deciding appropriate employment status • Personal service companies—the key benefits and key tax considerations • Securing intellectual property rights from employees and contractors • IR35—the large and public client off-payroll regime—practical considerations for the end client...

Reviewing terms for the purchase of goods or services as a buyer—business to business—checklist

Reviewing terms for the purchase of goods or services as a buyer—business to business—checklist This Checklist sets out the key considerations when reviewing contracts or terms and conditions for the purchase of goods or services between two businesses (ie a B2B contract). It can be used for reviewing standard terms of supply of goods or services and for bespoke supply agreements. It is drafted from a buyer, or the customer/purchaser, perspective. For general guidance on the purchase or supply of goods and services, see: Sale and supply of goods—overview and Supply of services—overview. Reviewing terms for the purchase of goods or services as a buyer—business to business Issue Description Further information Tick Preliminary considerations for a buyer of goods or services Recitals and representations Does the agreement include a preamble which sets out the buyer’s high level objectives and any seller representations in relation to its ability to provide the goods and services? Precedent: Background clausePractice Note: Misrepresentations—excluding and limiting liability for them ☐ Existing restrictions and permissions Have...

Discover our 4 Checklists on Fraudulent misrepresentation

Misrepresentation—falsity (fraudulent, innocent or negligent misrepresentation)

A claim for misrepresentation requires that the statement made must have been false. This is the ‘falsity’ requirement.Having established the falsity of a statement, however, the next question is whether that false statement was made fraudulently or innocently. If the false statement was made innocently, then there is yet a further question to consider, namely whether there was any negligence involved in the innocent making of the false statement.This Practice Note considers the requirement for falsity in a misrepresentation claim and discusses the distinctions and reasons for pleading fraudulent misrepresentation rather than negligent or innocent misrepresentation, with reference to the Misrepresentation Act 1967 (MA 1967). It also sets out a number of pointers for assessing a misrepresentation claim.For guidance generally on misrepresentation claims, including what they are (and are not) and the key constituent elements for bringing a claim for actionable misrepresentation, see Practice Note: Misrepresentation—what it is and similar claims.For related Practice Notes on remedies of damages and rescission in misrepresentation claims, see Practice Notes: •Misrepresentation—damages as a remedy•Misrepresentation—rescission...

Ending a general partnership—dissolution otherwise than by the court

Ending a general partnership—dissolution otherwise than by the court This Practice Note discusses partnerships formed under the Partnership Act 1890 (PA 1890) governed by English law as distinct from limited partnerships, limited liability partnerships and partnerships formed under the PA 1890 and governed by Scottish law. A partnership can be brought to its end by: • dissolution (see Practice Note: Ending a partnership—what is dissolution?), or • insolvency This Practice Note examines how a partnership may be brought to an end by its dissolution, where that dissolution is not ordered by the court. In relation to the dissolution of a partnership by order of the court, see Practice Note: Ending a partnership—dissolution by the court. Ways that a partnership may be dissolved otherwise than by the court A partnership may be dissolved in any of the following ways, all of which are detailed below. The dissolution of a partnership in any of the following ways is almost always a general dissolution, as opposed to a technical dissolution (see...

Discover our 20 Practice Notes on Fraudulent misrepresentation

ccTLD domain name transfer agreement (.uk)

ccTLD domain name transfer agreement (.uk) This Agreement is made on [date] PARTIES 1 [insert name], a company incorporated in England and Wales, whose registered company number is [insert company number] and whose registered office is [insert address] (Transferor); and 2 [insert name], a company incorporated in England and Wales, whose registered company number is [insert company number] and whose registered office is [insert address] (Transferee), each of the Transferor and the Transferee being a party and together the Transferor and the Transferee being the parties. Background (A) The Transferor is the legal registrant of the Domain Name[s] defined below. (B) The Transferor has agreed to [sell and ]transfer the Domain Name[s] to the Transferee and the Transferee has agreed to [buy and] accept the registration of the Domain Name[s] in accordance with the terms of this Agreement. IT is agreed as follows: 1 Definitions and interpretation 1.1 In this Agreement: Business Day • means a day other than a Saturday, Sunday or bank...

Licence to use photographs

Licence to use photographs This Agreement is made on [insert date] (the Commencement Date) between the following parties (each a party and together the parties): Parties 1 [insert licensor name] a company incorporated in [England and Wales] whose registered number is [insert company number] and whose registered office is at [insert registered office] (the ‘Licensor’); and 2 [insert licensee name] a company incorporated in [England and Wales] whose registered number is [insert company number] and whose registered office is at [insert registered office] (the ‘Licensee’). Background (A) Licensor is the proprietor of the Photographic Works. (B) Licensor wishes to license the Photographic Works to Licensee and Licensee wishes to receive the same on the terms of this Agreement. The parties agree: 1 Definitions and interpretation 1.1 Definitions In this Agreement: Affiliate • means any entity that directly or indirectly controls, is controlled by or is under common control with, another entity; Control • means that a person owns directly or indirectly more than 50% of...

Dive into our 98 Precedents related to Fraudulent misrepresentation

Do boundary disputes between neighbours need to be disclosed to buyers by the seller when selling residential property?

Do boundary disputes between neighbours need to be disclosed to buyers by the seller when selling residential property? On the sale of a residential property, it is standard practice for the buyer's solicitors to raise enquiries of the seller using form TA6 (the Property Information Form). Although it would be open to a seller to refuse to provide replies to these enquiries, it would be highly unusual and might well lead the buyer to withdraw from the transaction. Form TA6 deals specifically with both boundaries and disputes (see enquiries 15 and 16 respectively). The replies given to enquiries before contract are representations made by the seller to the buyer. The buyer is entitled to rely on them in deciding whether or not to proceed with the transaction. If information given in replies to enquiries before contract can be shown to be incorrect (whether deliberately or not), the buyer may have a remedy against the seller for misrepresentation, see Practice Note: Misrepresentation, misstatement and non-disclosure in property matters. Form TA6 also...

In property sale contracts, is it possible to exclude liability for inadvertent misrepresentation in replies to enquires before contract?

In property sale contracts, is it possible to exclude liability for inadvertent misrepresentation in replies to enquires before contract? In commercial transactions it is frequently the case that an ‘entire agreement’ clause will be inserted into the contract with the purpose of seeking to exclude any liability in respect of matters arising outside of the terms of the contract. This will include representations that have been made with regard to the contract which are in fact inadvertent misrepresentations. An effective entire agreement clause therefore prevents the rescission of the contract or a claim for damages on the basis of a non-fraudulent misrepresentation. The standard contractual terms for commercial property sales include a clause of this type and such clauses are also standard in residential property sales. Similarly, exclusion clauses can be included, and are included as standard, in respect of liability for misrepresentation. It is essential that such clauses are carefully drafted, as a poorly drafted clause will not necessarily protect against pre-contractual representations. If this is intended,...

See the 2 Q&As about Fraudulent misrepresentation

Paris Court of Appeal refuses to annul ICC Award, clarifying the limits of international public policy and due process challenges (Central Bank of Iraq v Cardno Middle East Ltd)

Arbitration analysis: In this decision, the Paris Court of Appeal (the Court) dismissed the Central Bank of Iraq (CBI)’s request to annul the arbitral award on multiple grounds. First, the court found that CBI’s claim that the recognition and enforcement of the award in France would violate French international public policy was inadmissible. It held that the allegations (such as fraud and misappropriation of public funds) pertained solely to private contractual disputes rather than actual matters of international public policy. Consequently, CBI was deemed to have waived its right to raise these irregularities by failing to do so in a timely manner during the arbitral proceedings. Second, the court dismissed CBI’s claim that the sole arbitrator would have violated due process and the principle of equality of arms. The court found that CBI had been given ample opportunity to participate in the proceedings but chose not to do so. It also found that the sole arbitrator had reasonably addressed CBI’s late request to reopen the proceedings, ensuring CBI had a...

The treatment of legal and equitable interests in WFOs and injunctions in other jurisdictions (Segulah Medical Acceleration AB v Tripathi)

Dispute Resolution analysis: The High Court was seized with cross-applications in the context where a worldwide freezing order (WFO) and proprietary injunctions had been granted at a without notice hearing and continued thereafter. The court considered whether to discharge a WFO and proprietary injunctions that had been obtained based on an applicant’s undertaking not to enforce in any other jurisdiction other than England and Wales. The court also had to consider whether a sole shareholder in a company who had the power to control that company, owned that company’s assets in equity, such that the company’s assets could be said to be his assets. This required a consideration of the so-called Extended Definition of assets under an (otherwise) standard form WFO and competing authorities as the correct approach. Written by Lauren Godfrey, barrister at Gatehouse Chambers.

Read the latest 11 News articles on Fraudulent misrepresentation

Top

Trial

��Ƶ

GLOSSARY