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    A misrepresentation is a false statement of fact that induces a party to enter into a contract. It must be a statement of fact, not opinion, future intention, or law. For a misrepresentation to be actionable, it must have induced the contract and been material and relied upon. There are three types of misrepresentation: fraudulent, negligent, and innocent.

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    VITIATING FACTORS

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    A misrepresentation is a false statement of fact that induces a party to enter into a contract. It must be a statement of fact, not opinion, future intention, or law. For a misrepresentation to be actionable, it must have induced the contract and been material and relied upon. There are three types of misrepresentation: fraudulent, negligent, and innocent.

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    10 views10 pages

    Vitiating Factors

    Uploaded by

    roydkasweka
    A misrepresentation is a false statement of fact that induces a party to enter into a contract. It must be a statement of fact, not opinion, future intention, or law. For a misrepresentation to be actionable, it must have induced the contract and been material and relied upon. There are three types of misrepresentation: fraudulent, negligent, and innocent.

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    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
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    VITIATING FACTORS

    Counsel Kasweka Morris


    .MISPRESENTATION
    A mistake is a false statement of fact made by one party to another,
    which while not being a term to the contract induces the part to enter
    the contract.
    .
    A misrepresentation must be a false statement of fact,
    Not an opinion, or
    Future intention, or
    Law
     A false statement of opinion is not a statement of fact.
    Bisset v Wilkinson(1927).
     A statement of the future.
     A statement of the law.
     Silence
     A statement which become false. With v o’Flanagan (1936)
    Contract uberrimae fidei(contract of the utmost good faith)
     A misrepresentation must have induced the contract.
     Materiality
     Relaince
    Fraudulent Misrepresentation
    Negligent Misrepresentation
    Innoscent misrepresentation
     Conclusion

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