Can misrepresentation be innocent?
Can misrepresentation be innocent?
Innocent misrepresentation is a false statement of material fact by the defendant, who was unaware at the time of contract signing that the statement was untrue. The remedy for negligent misrepresentation is contract rescission and possibly damages. The third type is a fraudulent misrepresentation.
Is misrepresentation a crime in Singapore?
This Act may be cited as the Misrepresentation Act….
| (a) | any liability to which a party to a contract may be subject by reason of any misrepresentation made by him before the contract was made; or |
|---|---|
| (b) | any remedy available to another party to the contract by reason of such a misrepresentation, |
How do you prove misrepresentation in Singapore?
The elements of misrepresentation are:
- a representation of fact by words or conduct;
- the representation was false or untrue;
- the representation was made with the intention that it should be acted on by the injured party;
- the injured party acted on the representation; and.
- the injured party suffered damage by doing so.
Is misrepresentation void or voidable?
As we know the contract made in misrepresentation is voidable which is not done intentionally by the party. So by keeping this in mind, The remedies for misrepresentation are: Rescind: Rescind means to cancel. When the aggrieved party wants he can claim for cancellation of the contract and/or damages.
What is meant by innocent misrepresentation?
Innocent misrepresentation: a representation that is neither fraudulent nor negligent. The remedies for misrepresentation are rescission and/or damages. For fraudulent and negligent misrepresentation, the claimant may claim rescission and damages.
Does silence amount to misrepresentation?
SILENCE. Generally, silence is not a misrepresentation. The effect of the maxim “caveat emptor” is that the other party has no duty to disclose problems voluntarily. Thus if one party is labouring under a misapprehension there is no duty on the other party to correct it.
What is the penalty for misrepresentation?
Whoever makes any misrepresentation to, or suppresses any material fact from the Controller or the Certifying Authority for obtaining any licence or 1 [electronic signature Certificate], as the case may be, shall be punished with imprisonment for a term which may extend to two years, or with fine which may extend to …
Can I sue for misrepresentation?
Fraudulent misrepresentation is a civil offense, so one party can sue the other. You cannot usually sue for more than what you lost. In some cases, you can sue for punitive damages, but these are subject to state and federal limits. In some states, you can rescind the contract and then sue for damages.
How do you prove negligent misstatement?
Complexity of negligent misstatement cases
- Foreseeability: Was the damage suffered foreseeable? Was the particular claim foreseeable?
- Proximity: Was there a “special relationship” between the claimant and the defendant?
- Fairness: Would it be fair, just and reasonable to impose a duty in such a situation?
Can a void contract be terminated?
A contract being void or voidable is not dependant on a breach or failure by one party. If the innocent party does so it will lose its right to revoke the contract or obligation. If a contract is void then it is simply ineffective. It cannot be enforced.
What is an innocent misrepresentation in contract law?
Innocent misrepresentation is one of the three recognized varieties of misrepresentations in contract law. Essentially, it is a misrepresentation made by someone who had reasonable grounds for believing that his false statement was true.
Can a court award damages for non innocent misrepresentation?
A court also has the power under s2 (1) of the Act to award damages for fraudulent or negligent (ie non-innocent) misrepresentation. In September 2007, Geoffrey Alan Salt (Mr Salt), the claimant, bought over the telephone a luxury car from Stratstone Specialist Ltd (Stratstone), which described the car as “brand new”.
What are the remedies for innocent misrepresentation?
What are the Punishments and Remedies for Innocent Misrepresentation? Misrepresentations are civil offenses, meaning they can only be heard in civil court. The criminal equivalent, which requires a degree of intent, is called ” false pretenses.” The general remedy in civil court for all types of misrepresentations is rescission.
When is a misrepresentation not a case of mispresentation?
The loss of the one party must benefit the other. This is an odd and very vague requirement, but one that the courts have held up nonetheless. Essentially, if the misrepresentation made does not benefit the person who made it, or hurts both parties to the contract, then the courts will not consider it a case of misrepresentation.