Innocent Misrepresentation Problem Question

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MatthewDarcy
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LauraS.
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(Original post by MatthewDarcy)
Bump
Hey, I think we have a similar problem question about misrepresentation, I joined to look at it fully but it just says Bump?
I am new so I'm not sure if I am looking at it wrong but any help would be great and hopefully we can help each other?
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MatthewDarcy
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It seems the post has not been checked by a moderator my end. I will repost here to see if it will work for me so we can discuss it.

Shahida is a fashion designer of contemporary women’s clothing. She recently purchased new premises located in the uptown shopping district. She decided to purchase some rare paintings to display in her shop in order to impress her clients.
Shahida visited the local art gallery, Benjamin’s Looking Glass, which is owned by Benjamin. She speaks to the sales assistant, Reegan, and informs him that she would like to purchase a painting by a local nineteenth century artist Hilda des Ste Croix. Reegan pointed to a picture which was labelled as being by Hilda des Ste Croix. Reegan then explained to Shahida that in his opinion this is a picture by the artist Hilda des Ste Croix. Unknown to Reegan, Benjamin had placed the wrong label on this painting. This was a painting by an apprentice of Hilda des Ste Croix. Reegan’s statement impressed Shahida and she immediately purchased the painting for £20,000.
Five years later, the painting is slightly damaged. Shahida takes it to an art specialist, Marsha, who informs Shahida that the painting is not by Hilda des Ste Croix, but by one of her apprentices, and only worth in the region of £2000. Marsha explains that the painting would have been worth £2500 if it had not been damaged.
Explain to Shahida the possible legal action she may bring against Benjamin and any possible remedy that may be available.

I did think Innocent Misrep originally when I posted this but now I am thinking more Negligent Misrep as Benjamin should have known better. Any ideas to bounce off me and vice versa would be great, I can't say I have grasped the subject as well as I would have liked.
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Mrs KBT
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Hi

I was thinking that to raise negligent misrepresentation you have to be in a pre-existing relationship.

So that would mean have previously contracted before??
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(Original post by Mrs KBT)
Hi

I was thinking that to raise negligent misrepresentation you have to be in a pre-existing relationship.

So that would mean have previously contracted before??
No, where have you got that from? Is it some kind of confusion with negligent misstatement (where there would usually need to be some kind of pre-existing relationship to justify the imposition of a duty of care)?
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Mrs KBT
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Oh god.....u r right.....
I’ve read so much today...it’s all confused lol
I’m going negligent
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MatthewDarcy
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I was heading towards negligent misrep and I will more than likely base a lot of information around that. However, it seems tutors don't want you to focus so much on which misrep just how misrep is actionable which makes sense its just putting it down in the IRAC method.
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