正在編輯用戶:Hinnia/Misrepresentation （章節）

=== Damages ===

==== Fraudulent Misrepresentation (Deceit) ====

* '''''Derry v. Peek''''' test
* Measure: All direct losses flowing from entering contract, whether foreseeable or not
* Contributory negligence: Defence not available

==== Negligent Misrepresentation (Common Law) ====

* Must prove duty of care, breach, causation.
* Measure: Foreseeable losses
* Contributory negligence: Defence available

==== Misrepresentation Act 1967, s. 2 ====

* Subsection (1)
** Relationship with deceit: Largely supersedes deceit for contracting parties
** When other claims preferable:
*** No contractual relationship; 
*** claimant careless (avoid contributory negligence); 
*** court may hesitate given draconian consequences; 
*** misrepresentation in contract itself; 
*** third-party misrepresentor; 
*** consumer regulation applies

* Subsection (2)
** Court discretion to award damages in lieu of rescission for non-fraudulent misrepresentation
** Court may declare contract subsisting and award damages if equitable, having regard to:
*** Nature of misrepresentation;
*** Loss if contract upheld;
*** Loss rescission would cause other party
** William Sindall v. Cambridgeshire CC: Used to stop escape from bad bargain

* Measure of damages: Different from s.2(1)
** Should compensate for loss from property not being as represented;
** "should never exceed sum would awarded if representation warranty"

* Jurisdiction: Only if entitlement to rescind exists at hearing/purported rescission date ('''''Salt v. Stratstone''''')