tortious vs. statutory misrepresentation

20:49 Apr 23, 2018
English to Polish translations [PRO]
Law/Patents - Law: Contract(s)
English term or phrase: tortious vs. statutory misrepresentation
... liability for breach of contract, misrepresentation (whether tortious or statutory), tort (including negligence)...
Local time: 21:58

Summary of reference entries provided
Tortious Misrepresentation
Frank Szmulowicz, Ph. D.

Discussion entries: 1


Reference comments

4 hrs
Reference: Tortious Misrepresentation

Reference information:
A claim in a products liability suit may be based on false or misleading information that is conveyed by the manufacturer of a product. A person who relies on the information conveyed by the seller and who is harmed by such reliance may recover for the mis-representation. This basis for recovery does not depend on a defect in the product, but rather depends on the false communication.

Tortious misrepresentation may appear in one of three basic forms. First, a person may commit fraudulent misrepresentation, or deceit, in which the person knows that a statement is false and intends to mislead the plaintiff by making the statement. Second, a person may commit negligent misrepresentation, where the person was negligent in ascertaining whether a statement was true. Third, some jurisdictions allow for strict liability in instances where a manufacturer makes a public statement about the safety of a product.

Note added at 4 hrs (2018-04-24 01:00:50 GMT)

Statutory Misrepresentation

The Misrepresentation Act 1967 (U.K.) gave a statutory right to damages in cases where a person has suffered loss as a result of non-fraudulent misrepresentation.

Section 2(1) of this Act states:

Where a person has entered into a contract after a misrepresentation has been made to him by another party thereto and as a result thereof he has suffered loss, then, if the person making the representation would be liable to damages in respect thereof had the representation been made fraudulently, that person shall be so liable notwithstanding that the misrepresentation was not made fraudulently, unless he proves that he had reasonable grounds to believe and did believe up to the time that the contract was made that the facts represented were true.

Frank Szmulowicz, Ph. D.
United States
Native speaker of: Native in EnglishEnglish, Native in PolishPolish
PRO pts in category: 922
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