Sabah Land Ordinance  

Fraudulent Misrepresentation

ISBN 978-983-3519-23-1
Author: Nasser Hamid
Binding: Softcover, 500 pages
Publication Price: MYR 200.00
The law is stated as of April 10, 2010

Fraudulent Misrepresentation comes under the TORT OF DECEIT. The tort of deceit involves a false representation made by the defendant, who knows it to be untrue, or who has no belief in its truth, or who is reckless as to its truth. If the defendant intended that the plaintiff should act in reliance on such a representation and the plaintiff in fact does so, the defendant will be liable in deceit for the damage caused. In essence a fraudulent misrepresentation vitiates the consent of parties to a contract. Where it is established that a party has been induced by the fraudulent misrepresentation to enter into a contract, the party so induced and who relies on such a misrepresentation may rescind a contract and seek the appropriate remedy or remedies.

This publication provides the reader with the principles and the application of such principles within the context of decided authorities from all over the Commonwealth. Extensive research has been embarked upon to present all the relevant principles garnered from decided cases from Malaysia, United Kingdom, Australia, New Zealand, Canada, India and Singapore. Extracts from key case law are provided where necessary. There is also an examination of the provisions of relevant statutes, with emphasis on the Contracts Act 1950 (Revised 1974) (Act 136).

The comprehensive nature of the Fraudulent Misrepresentation is reflected in the following chapters:

  • Statements, representations and fraud (which includes a section of the Duty of Disclosure)
  • Misrepresentation
  • Fraudulent Misrepresentation
  • Inducement & Reliance
  • Evidence (Including a Section on the requisite Standard of Proof)
  • Application of principles to cases (Agency, Bills of Lading, Insurance, Land, Performance Bonds and Trademarks)
  • Remedies

Download full Table of Contents for this book here