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LIABILITY FOR NEGLIGENT MISSTATEMENTS: A LEGAL ANALYSIS

SYNOPSIS
LAW OF TORTS-1

SUBMITTED BY
SHIVA PRASAD.R
(BA0210047)
SUBMITTED TO
Dr. VEDAVALLI S
FACULTY LAW OF TORTS

INTRODUCTION:

"Negligent misstatement" can also be called "Negligent misrepresentation." This means a

lie used to trick someone into entering into an agreement that will cause them harm. If the
misrepresentation is discovered, the contract may be declared void, and the adversely impacted
party may seek damages. In such a contract dispute, the party who made the misrepresentation
becomes the defendant, while the wronged party becomes the plaintiff. A misrepresentation is a
form of a statement made prior to the contract being completed.

RESEARCH OBJECTIVES:

1. Weather Misstatement (misrepresentation) void under the Indian Contract Act, 1873
2. Weather liability for negligent misstatement comes under torts.

RESEARCH QUESTIONS:

1. What types of negligent misrepresentation are there?

2. How are the remedies for misrepresentation taken?
3. Are there situations in which an opinion can be actionable as negligent
misrepresentation?
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RESEARCH METHODOLOGY:

The student researcher employed a doctrinal technique for this project. Secondary sources
such as books, websites, articles, and journals gather important information.

PRELIMINARY SOURCES:

1. AVTAR SINGH. INTRODUCING TO THE LAW OF TORTS. , LEXISNEXIS THIRD

EDITION.
2. CHARLES WYNN EVANS. INDUSTRIAL LAW JOURNAL, VOLUME 23, ISSUE 4,
DECEMBER 1994, PAGES 346-349.
3. https://blog.ipleaders.in/misrepresentation-under-the-indian-contract-act-1872-an-
overview/
4. INDIAN CONTRACT ACT, 1873.

TENTATIVE CHAPTERISATION:

1. Introduction
2. Definition of misstatement
3. Types of misrepresentation
3.1. Fraudulent Misrepresentation
3.2. Negligent Misrepresentation
3.3. Innocent Misrepresentation
4. Remedies for misrepresentation
4.1. Limitations available to remedies
5. Liability for negligence in a misstatement of torts
6. Conclusion

CONCLUSION:

Overall, we can conclude from the aforementioned factors that a contract is void or
voidable based on the specific circumstances of the case. If a contract is void, it cannot be
enforced by both parties. However, if a contract is interpreted as voidable, it can be canceled or
revoked even if it is a valid contract. In essence, while a void contract cannot be performed, a
voidable contract can be canceled by either of the parties. If there has been a misrepresentation
or error, the contract may be declared void and thus annulled. If there has been duress or undue
influence, the contract may be rendered voidable and thus cancellable.

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