Jurisdiction(s):
United Kingdom

Misrepresentation in English Contract Law: Elements, Inducement, Types, Remedies and Bars, and Exclusion/Limitation of Liability under the Misrepresentation Act 1967 and UCTA 1977

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Practice notes

Introduction

This Practice Note is part of our LLB Contract Law suite, aimed at students. In contract law, a vitiating factor is something that damages the legal validity of the consent needed for a binding agreement. One such factor is misrepresentation, where one party makes a false statement to another. This Practice Note outlines misrepresentation in English contract law, showing how inaccurate pre-contract statements undermine real consent and render contracts voidable rather than void. It sets out the elements of an actionable claim (a false statement of fact or law, inducement and attribution), separates fraudulent, negligent and innocent misrepresentation, and reviews the key cases alongside the Misrepresentation Act 1967. Particular emphasis is placed on remedies, especially rescission and damages, and on the equitable bars to rescission (affirmation, lapse of time, impossibility of restitution, third-party rights and judicial discretion). Throughout, it brings together judicial reasoning, policy considerations and exam-focused guidance, illustrating how modern case law balances fairness to the misled party with certainty in commercial transactions.

Overview Definition and Function

Misrepresentation is a vitiating factor in contract law: this means that it impairs the...

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Web page updated on 21/05/2026

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