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MISREPRESENTATION ACT (NORTHERN IRELAND) 1967

MISREPRESENTATION ACT (NORTHERN IRELAND) 1967 - LONG TITLE

An Act to amend the law relating to innocent misrepresentations and
to amend sections 11 and 35 of the Sale of Goods Act 1893.
[27th June 1967]
Removal of certain bars to rescission for innocent misrepresentation.

MISREPRESENTATION ACT (NORTHERN IRELAND) 1967 - SECT 1

1. Where a person has entered into a contract after a
misrepresentation has been made to him, and

(a)the misrepresentation has become a term of the contract; or

(b)the contract has been performed;

Damages for misrepresentation.

MISREPRESENTATION ACT (NORTHERN IRELAND) 1967 - SECT 2

2.(1) Where a person has entered into a contract after a
misrepresentation has been made to him by another party thereto and
as a result thereof he has suffered loss, then, if the person
making the misrepresentation would be liable to damages in respect
thereof had the misrepresentation been made fraudulently, that person
shall be so liable notwithstanding that the misrepresentation was not
made fraudulently, unless he proves that he had reasonable ground to
believe and did believe up to the time the contract was made that
the facts represented were true.

(2) Where a person has entered into a contract after a
misrepresentation has been made to him otherwise than fraudulently,
and he would be entitled, by reason of the misrepresentation, to
rescind the contract, then, if it is claimed, in any proceedings
arising out of the contract, that the contract ought to be or has
been rescinded the court or arbitrator may declare the contract
subsisting and award damages in lieu of rescission, if of opinion
that it would be equitable to do so, having regard to the nature
of the misrepresentation and the loss that would be caused by it
if the contract were upheld, as well as to the loss that
rescission would cause to the other party.

(3) Damages may be awarded against a person under subsection (2)
whether or not he is liable to damages under subsection (1), but
where he is so liable any award under subsection (2) shall be
taken into account in assessing his liability under subsection (1).[

MISREPRESENTATION ACT (NORTHERN IRELAND) 1967 - SECT 3
Avoidance of provision excluding liability for misrepresentation.

3. If a contract contains a term which would exclude or restrict

(a)any liability to which a party to a contract may be subject by
reason of any misrepresentation made by him before the contract was
made; or

(b)any remedy available to another party to the contract by reason
of such a misrepresentation,

S.4 rep. by 1979 c.54 s.63 sch.3

MISREPRESENTATION ACT (NORTHERN IRELAND) 1967 - SECT 5
Saving for past transactions.

5. Nothing in this Act shall apply in relation to any
misrepresentation or contract of sale which is made before the
commencement of this Act.

MISREPRESENTATION ACT (NORTHERN IRELAND) 1967 - SECT 6
Application to the Crown.

6. This Act shall bind the Crown to the full extent authorised or
permitted by the constitutional laws of Northern Ireland.

MISREPRESENTATION ACT (NORTHERN IRELAND) 1967 - SECT 7
Short title and commencement.

7.(1) This Act may be cited as the Misrepresentation Act (Northern
Ireland) 1967.

(2) Commencement