Misrepresentation Case Summary

PART A
Dabir is a lecturer at Uxbridge University. The university’s car park costs 100.0 a year and is available to staff who live more than 10 miles from the university. The parking spots are limited and more than 50 percent of the staff who qualify for parking cannot be accommodated. The parking spots are, therefore, available on a first come first serve basis. Dabir travels to work by car but usually parks on the side street due to the limited parking spots. However, at the start of the induction week Dabir was early and was able to secure a parking space. Unfortunately his car was stolen while parked at the university‘s parking lot. When he reported the incident to the parking attendant, the attendant admitted that he thought the person

Misrepresentation can take three forms and these are negligent, innocent or fraudulent misrepresentation. Fraudulent misrepresentation is where the misrepresentation is made is made knowingly or recklessly. A negligent misrepresentation is where the statement is made in breach of a duty owed to the representee or made carelessly without reasonable grounds to verify the truth. An innocent misrepresentation, on the other hand, is where the misrepresentation is neither fraudulent nor negligent. Misrepresentation has the effect of making a contract voidable. A voidable contract means that the representee can elect to set aside the contract due to the misrepresentation. In order to recover due to misrepresentation, it is essential to establish that a representation was made and it turned out to be false. In addition, it is important to establish that the representation was made falsely or without knowledge of its truth and it was intended to be relied on by the other party. Other factors that must be established is that the other party did rely on the representation and as a result that party suffered a