I am doing the last part of a question - the remedy part - and am unsure how to go around doing it. two of the three statements made by the representor are false whilst the third is an opinion but were no reasonable grounds to base it on (also could be a half-truth due to silence thus a misrepresentation). Can the representee claim three damages? All the examples i've looked at are where there is only one misrepresentation.
Totally confused, please help!
misrepresentation - three statements=three remedies?? Watch
- Thread Starter
- 15-07-2009 19:32
- 15-07-2009 19:56
Yes. Each misrepresentation is seperately actionable, with the quantum of damages being the situation if the misrepresentation were true.
You get full damages for each, unless there is double recovery. Double recovery means you can't claim twice for the same fact. So, for example, if you had two misrepresentations: one which said "the car is under 5 years old", and one which said "the car is 3 years old", and the car was actually 10 years old, then you couldn't claim for both because that would be double recovery.
The result you are aiming for is the situation if the goods were as described