Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Misrepresentation definition

What does Misrepresentation mean? Misrepresentation describes an untrue pre‑contract statement of existing fact or law made by one party (or its agent) to the other, which materially induces the other to enter the contract. It is primarily shaped by case law, with statutory modification in England and Wales by the Misrepresentation Act 1967 (with broadly equivalent legislation in Northern Ireland and Ireland). In Scotland, the concept sits within error and delict rather than the 1967 Act. Key features: - The statement must be factual or legal, not mere opinion or sales puff (unless dishonestly or carelessly made). Half‑truths, failure to correct a change of...

Actionable misrepresentation: when fact, opinion, intention, conduct or silence amounts to a representation—express and implied forms, third‑party adoption, continuing effect, materiality, context and settlement considerations

Published by a LexisNexis Dispute Resolution expert

Practice notes

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This Practice Note examines the need for a false statement of fact to ground an actionable misrepresentation. For the other essential components of a misrepresentation claim, see the following Practice Notes:

Misrepresentation—what is inducement?
Misrepresentation—falsity (fraudulent, innocent or negligent misrepresentation)

For guidance on the closely related cause of action in deceit, see Practice Note: The tort of deceit.

Key elements of an actionable misrepresentation

the representee relied upon a factual assertion made to them by the representor or someone acting on their behalf
the representor intended that statement to encourage the representee to enter the contract
the statement did in fact induce the representee to contract
the statement had the status of a representation
the representation was untrue

Where damages are sought (whether in addition to, or instead of, rescission), the representee must also show that the misrepresentation caused their loss (see Practice Note: Misrepresentation—damages as a remedy).

For a concise overview of the various facets of when an actionable representation arises, see Jacobs J at paras [132]–[143] in Vald Nielsen v Baldorino...

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Harriet Campbell

Penningtons Manches Cooper

Harriet is a senior knowledge lawyer within the commercial dispute resolution team. She has experience in a broad range of complex commercial litigation, and supports and promotes the work of the team through knowledge development. Harriet has written extensively on legal developments and contributes regularly to a range of publications....

Web page updated on 21/05/2026

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