Negligent Misrepresentation?

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Taradiamonds
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#1
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#1
A statement of a car described in an advertisement is falsely described. Is this misrepresentation?
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RV3112
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#2
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#2
(Original post by Taradiamonds)
A statement of a car described in an advertisement is falsely described. Is this misrepresentation?
This is like asking: "if X killed Y, is it murder?" or "If A falls in B's shop, is B negligent?". The answer is, it depends on the actual facts of the case. No-one can provide any sort of answer based on the information you have provided.

The first question you need to answer is if a contract was actually formed. If no contract was formed, then you are not looking at misrepresentation. It's an issue of advertising, so look at something like the Consumer Protection Act 2007

If a contract was formed. You need to look at the details provided in the advertisement, and apply the relevant case law to determine if the representation has been incorporated into the contract. So you need to consider if the representation was untrue or misleading (e.g. things like opinions will usually not be sufficient). You also need to establish that this representation was relied upon (i.e. was an inducement to enter into the bargain). You can find the relevant case law in any basic Contract law textbook (or use an online textbook through a database like Westlaw which your library will have given you access to).

Once establishing that the representation formed part of the contract, the remedy will depending on the type of misrepresentation, so look at the Misrepresentation Act 1967
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Simonthegreat
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#3
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#3
What was the statement and how untrue was it?
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Taradiamonds
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#4
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#4
The advert stated a car had a total of 50,000 miles and it was found out later on that the millage was actually 100,000
(Original post by Simonthegreat)
What was the statement and how untrue was it?
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Simonthegreat
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#5
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#5
Then that is definitely misrepresentation and you have a very good case to pursue.
(Original post by Taradiamonds)
The advert stated a car had a total of 50,000 miles and it was found out later on that the millage was actually 100,000
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DallasJ21
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#6
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#6
That’s fraudulent misrepresentation, if they knew the miles and yet told you otherwise that’s not negligence, that’s fraudulent
(Original post by Taradiamonds)
The advert stated a car had a total of 50,000 miles and it was found out later on that the millage was actually 100,000
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