Misrepresentation can be innocent as in the case of Boyd & Forest V Glasgow and South Western Railway Co which involved Boyd & Forest completing work for the railway company, the price had been given considering information supplied by an engineer of the railway company however he had altered some of the data due to the belief it was wrong and Boyd & Forest sued for the extra costs involved due to the fraudulent misrepresentation however it was held...
Misrepresentation can be innocent as in the case of Boyd & Forest V Glasgow and South Western Railway Co which involved Boyd & Forest completing work for the railway company, the price had been given considering information supplied by an engineer of the railway company however he had altered some of the data due to the belief it was wrong and Boyd & Forest sued for the extra costs involved due to the fraudulent misrepresentation however it was held that the misrepresentation had been innocent and Boyd & Forest were unable to prove the data was crucial to their decision to contract therefore they were not entitled to damages.
Negligent misrepresentation is when there is a misrepresentation by a person who due to their position or standing has a higher duty of care as seen in Esso Petroleum v Marden where it was held that given a long-standing Esso employee had negligently misrepresented petrol sales which were material to the contract and thus Esso were liable for damages. Fraudulent misrepresentation occurs when one party knowingly or with the intent to deceive misrepresents something regarding the contract as seen in Gibson v National Cash Register Co Ltd where Gibson was able to prove he had requested new cash registers from the company who stated they manufactured and supplied brand new cash registers however Gibson was supplied with second hand, refurbished machines and therefore National Cash Register Co Ltd were liable.
