In English law, innocent misrepresentation occurs when a party makes a false statement during contract formation, genuinely believing it to be true, causing the other party to enter the contract.
Unlike fraudulent or negligent misrepresentation, innocent misrepresentation involves no fault or negligence—just an honest belief that the representation was accurate.
The primary remedy is rescission, allowing the affected party to cancel the contract and restore the parties to their original positions. Damages are not typically awarded for innocent misrepresentation unless provided under specific statutory provisions.
Understanding innocent misrepresentation encourages transparency in contractual dealings and clarifies available remedies when genuine misunderstandings occur.
August 31, 2025
A motor dealer bought a Morris car described as a 1948 model based on the registration book, but it was actually a 1939 model. The Court of Appeal held the seller's statement was an innocent misrepresentation, not a contractual warranty, as neither party had special knowledge of the car's true...
August 31, 2025
Mr Long purchased a lorry from Mr Lloyd after misrepresentations about its condition, including that it was in first-class condition and could achieve 40mph and 11 miles per gallon. After discovering defects, Long sought rescission. The Court held that even if rescission for innocent misrepresentation survived completion, Long had lost...
August 28, 2025
Buckleton purchased shares in a rubber company after a telephone conversation with the defendants' agent. When the company proved not to be primarily a rubber company, he claimed damages for breach of warranty. The House of Lords held no warranty existed, establishing that representations only become warranties if intended as...
August 28, 2025
Bisset sold land to Wilkinson for sheep farming, stating his opinion that the land could carry 2,000 sheep. The buyers sought rescission for misrepresentation when farming proved unsuccessful. The Privy Council held that the statement was honestly held opinion, not misrepresentation of fact, since neither party knew the land's actual...
March 15, 2026
National Case Law Archive
March 14, 2026
National Case Law Archive
March 14, 2026
National Case Law Archive