An untrue statement of fact
To be actionable, a misrepresentation must be a mis-statement of an
existing fact. It must not be:
- a mere commendation
- a statement of opinion
- a statement of future intentions
- a statement of law.
Mere commendation
It may be difficult to distinguish between a permissible commendation of
an advertising nature and an actionable false statement. Obviously there is
a difference between an advertisement stating, for instance, that ‘Camay
soap will make you a little lovelier every day’ and one stating that if a
product does not perform as specified, money will be refunded.
Statement of opinion
A statement may at first sight appear to be more factual that a mere
commendation, but yet be hedged around with qualifications, such as ‘I
think’ or ‘I believe’. Generally, such a view or opinion on a matter, which
is unable to be proved, cannot result in an action for misrepresentation.
Misrepresentation 167Dimmock v Hallett (1866)
An estate agent’s description of land as ‘fertile and improvable’ was
held to be a mere commendation and not actionable.MisrepresentationOpinion is NOT a misrepresentationI thinkthe
engine is
sound≠
Figure 11.1
Bisset v Wilkinson (1927)
A seller of a sheep farm in New Zealand was said to be able to support
about 2000 sheep. This was found to be untrue, but held not to be a