Contract - Misrepresentation

Question 1

Damages for fraudulent misrepresentation

Answer 1

Rescission.
Damages

Question 2

Damages for innocent misrepresentation

Answer 2

Rescission, damages in lieu of rescission and indemnity

No automatic right to damages

Question 3

Bars to rescission

Answer 3

a) affirmation
b) lapse of time
c) restitution is impossible
d) third party rights accrue

Question 4

Damages for negligent misrepresentation

Answer 4

Rescission.

Damages + potential reduction for contributory negligence. Damages can be given in lieu of rescission

Question 5

Is it possible for a representor to exclude or restrict their liability for misrepresentation?

Answer 5

Yes, as long as the clause satisfies the requirement of reasonableness as stated in s. 11(1) of the Unfair Contract Terms Act 1977