Misrepresentation & Misstatements - An Introduction for Litigators

Introduction

In contractual negotiations and other dealings a huge number of statements can be made.

Exaggerations (even lies), mistaken beliefs, promises, opinions as well as statements made recklessly and without care might result in an aggrieved client seeking redress.

The law relating to representations can appear to be a complex web of common law, equity and statute. Cases can be framed in a number of ways with each type of claim giving rise to different factors and outcomes and it is vital to appreciate the differences.

This live broadcast session will benefit those litigators new to the subject as well as providing a refresher for those with some existing knowledge.

What You Will Learn

This introductory level session will cover the following:

• The key differences between a misrepresentation and misstatement claim and when each might be used
• The impact of the Misrepresentation Act
• How to establish whether an actionable representation exists
• The differences between fraudulent and non-fraudulent claims - including the elements of the claim and the remedies available
• Practical points when exploring the issues with clients
• The different remedies available in each type of action and the limitations on these remedies

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.