Fraudalent misrepresentation

2017 SCMR 24 SUPREME-COURT-OF-UK Judicial Precedent

DeceitFraudalent misrepresentationClaim for deceit based upon an alleged fraudulent misrepresentationIngredients

For such a claim it must be shown that the defendant made a materially false representation which was intended to, and did, induce the representee to act to its detriment

As a matter of law, it was not necessary to prove that the representee believed that the representation was true

However, that was not to say that the representee's state of mind may not be relevant to the issue of inducement; indeed, it may be very relevant e.g. if the representee did not believe that the representation was true, he may have serious difficulty in establishing that lie was induced to enter into the contract or that he had suffered loss as a result.