"It's hard to quantify, right now. But at a guess, I'd say it's probably more than 50% faster, at times. It's literally that quick. We've found to be an essential practical tool. We're very satisfied."
Walsall Council
Access all documents on Fraudulent misrepresentation
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.
For our full legal glossary and more legal research sources, register for a free Lexis+ trial
Drafting terms for the sale of goods—business to business—checklist This Checklist is for drafting terms and conditions for the sale of goods. It sets out the key considerations when drafting business-to-business (B2B) standard form terms and conditions or a contract for the sale of goods. It considers the legal, regulatory and practical issues around the sale and supply of goods and is drafted with a seller/supplier bias. For general guidance on contracts for the sale of goods, see Practice Notes: Contracts for the sale and supply of goods—business to business and Implied terms in contracts for goods and services. For general guidance on key terms in commercial contracts more broadly, see Practice Note: Key terms and conditions in commercial contracts. General considerations Speak to departmental representatives within the business to establish any concerns they have and any customer feedback that should be addressed in the terms. Understand how the goods will be provided and any back-end processes, eg for delivery or returns, which need to be reflected in the terms....
Drafting and negotiating an entire agreement clause—checklist This Checklist sets out key issues to consider, and provides practical guidance, when drafting and negotiating entire agreement clauses in a business-to-business (B2B) contract. It considers the implications of common law and statutory controls, including the Unfair Contract Terms Act 1977 (UCTA 1977) and the Misrepresentation Act 1967 (MA 1967). The purpose of an entire agreement clause is to give the parties certainty that the entirety of the agreement between them is set out in writing and to ensure that any pre-contractual representations, statements, arrangements or discussions will not form part of the agreement they are entering into. Statements are often made by one party to another as part of the pre-contract negotiations (for example as part of a sales process). Disputes can arise around whether, or which, statements are intended to form part of the contract or potentially give rise to other remedies. Depending on the facts, a pre-contractual statement might take legal effect (and give rise to remedies). For more information, see Practice Note: Pre-contractual representations and statements....
Discover our 7 Checklists on Fraudulent 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...
Property—enquiries before contract Enquiries before contract This Practice Note looks at the role of enquiries in the due diligence process and what to do when faced with preliminary enquiries in commercial property transactions. What are enquiries before contract? Enquiries before contract (also called pre-contract enquiries or preliminary enquiries) play a part in various scenarios; eg they are raised by a buyer on the acquisition of freehold or leasehold land, by a tenant before the grant of a new lease, by a mortgagee before taking a charge over land or by a landlord before accepting a surrender of a lease. For simplicity throughout the remainder of this Practice Note, reference will be made to ‘seller’ and’ buyer’ although this can include landlord and tenant or mortgagor and mortgagee as appropriate. Enquiries before contract take the form of questions asked directly of the seller by the buyer (although almost invariably with their respective legal advisers acting as intermediaries). Although enquiries before contract are often treated as...
Discover our 143 Practice Notes on Fraudulent misrepresentation
Ireland—Confidentiality agreement—property transaction In a proposed sale of land, particularly land with development potential, there may be some financial and/or commercially sensitive information that the vendor wants to keep confidential and there may be tenants from whom they wish to keep their proposals secret. It can be very difficult for the vendor to prove that the potential purchaser has disclosed (or even used) the relevant information, and so the best protection for the vendor is to disclose as little as possible consistent with attracting interested parties to make a suitable offer. This agreement contains provisions commonly found in confidentiality agreements (although is not exhaustive), and in most cases should not require much amendment by either party. This is important because it is quite common for confidentiality undertakings to be signed without legal advice, due to both parties being anxious to avoid undue delay or expense at this early stage. Please note that this document does not expressly deal with data protection, and to the extent that significant or particularly sensitive...
API terms of use Please read these api terms of use carefully before using the api. By using the api, you agree to be bound by these api terms of use. If you do not agree to these api terms of use you must not use our api for any purpose whatsoever. In these API Terms of Use, We, Our, Ourselves, Us or API Licensor means [insert company name] (a company incorporated in [England and Wales] under number [insert registered company number] whose registered office is at [insert address]) and You, Your or API Licensee means you (and if you are using the API on behalf of a legal person, business or other organisation (Organisation) includes you and also such Organisation). By using the API on behalf of any Organisation, You represent and warrant (promise) that You have all necessary capacity and authority to enter into these API Terms of Use on behalf of such Organisation as a legally binding...
Dive into our 262 Precedents related to Fraudulent misrepresentation
Which limitation period applies if two causes of action are being brought together which have different limitations? Assuming that each cause of action has a distinct statutory limitation period, it would be possible for one cause of action to be time-barred, and therefore fail (or be struck out), whilst other causes of action might survive and ultimately be successful upon disposal of the claim. For example, in Brent London Borough Council v Davies, a complex series of different causes of action were brought against a number of defendants. The Court considered different limitation periods both with respect to the different causes of action and, within the different causes of action, to different elements of loss. However, the position is complicated where the causes of action include equitable claims which do not have an express statutory limitation period. For example, the tort of deceit has a six-year limitation period under section 2 of the Limitation Act 1980 (LA 1980). A claim in equity to rescind a contract for fraudulent misrepresentation,...
Is a claim to a right to access and use land, which is disputed, a latent incumbrance on/defect in the seller’s title and subject to the seller’s implied contractual duty of disclosure to a prospective buyer? Notwithstanding the principle of caveat emptor, a seller is under a common law duty to disclose latent defects in title. A latent defect is a defect which would not be apparent to a buyer on inspection and can include, for example, a right of way or other easement or, in the case of leasehold property, the existence of grounds for forfeiture. A patent defect, by contrast, is one which is visible to the buyer or one whose existence can be deduced from something visible to the buyer. A seller is obliged to disclose latent defects in title regardless of whether or not the buyer asks. A seller should also be aware of the overlap between their duty of disclosure and the covenants for title (or title guarantee) which may be implied into the transfer...
See the 27 Q&As about Fraudulent misrepresentation
This week's edition of Corporate weekly highlights includes the key corporate announcements made in the Spring Statement 2025 as well as the tax analysis of the Spring Statement 2025, including expert commentary. Other items include the FRC’s publication of company size threshold amendments, the launch of the FCA’s survey for ESG ratings providers to inform future regulation, and the publication by the Home Office of an updated version of its statutory guidance on modern slavery in supply chains.
This week's edition of Dispute Resolution weekly highlights includes analysis of a number of key DR developments and key judicial decisions including the 182nd Practice Direction update and the Court of Appeal decision in Expert Tooling and Automation Ltd v Engie Power Ltd (commissions and informed consent); dates for your diary; details of our most recently published content; and other information of general interest to dispute resolution practitioners.
Read the latest 250 News articles on Fraudulent misrepresentation
**Trials are provided to all UUÂãÁÄÖ±²¥ content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these UUÂãÁÄÖ±²¥ services please email customer service via our online form. Free trials are only available to individuals based in the UK, Ireland and selected UK overseas territories and Caribbean countries. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
0330 161 1234