The Buyer's Remedies for Misrepresentation in English Law

Abstract

This article tries to describe and analyze the concept of misrepresentation and to examine the rules on the buyer's remedies for the seller's misrepresentation in English law. Although the concept of misrepresentation is quite unfamiliar with us, the article draws our attention on that English law does not recognize the general duty to disclose information during the process of contractual negotiation, but the law relating to misrepresentation has a crucial role to play in the policing of contractual negotiations. It also finds that an misrepresentation is defined as an unambiguous false statement of fact which is addressed to the buyer misled and which is a material inducement to entry into the contract. Assuming that there be an actionable misrepresentation, the article provides that the buyer's principal remedies for the misrepresentation are rescission and damages and explains the various aspects of those remedies.