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In deciding whether an actionable misrepresentation has taken place, outline the principles which the courts will employ in determining whether the claimant has been induced by a false statement of fact into entering the contract.
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LLB FT: CONTRACT COURSEWORK No.2 1. In deciding whether an actionable misrepresentation has taken place, outline the principles which the courts will employ in determining whether the claimant has been induced by a false statement of fact into entering the contract. [750 words max] The representation must be an unambiguous false statement of existing facts which is addressed to the party mislead and which materially induces the contract.. But failure to disclose information will not generally constitute a representation, although the courts have been flexible in their identification of a statement i.e. a statement can be made by conduct and by words. A statement may be so vague as to be neither a promise which is incorporated into the contract as a term, nor a statement of fact, just a 'mere puff'. In Dimmock v Hallet1, Tuner LJ said that a representation that land was 'fertile and improvable' would not, be...
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