Contract and Commercial Law Act 2017

If you need more information about this Act, please contact the administering agency: Ministry of Business, Innovation, and Employment and Ministry of Justice
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Damages for misrepresentation

35 Damages for misrepresentation


If a party to a contract (A) has been induced to enter into the contract by a misrepresentation, whether innocent or fraudulent, made to A by or on behalf of another party to that contract (B),—


A is entitled to damages from B in the same manner and to the same extent as if the representation were a term of the contract that has been breached; and


A is not, in the case of a fraudulent misrepresentation, or of an innocent misrepresentation made negligently, entitled to damages from B for deceit or negligence in respect of the misrepresentation.


Subsection (1) applies to contracts for the sale of goods—


despite sections 197 and 201(2); but


subject to section 34.

Compare: 1979 No 11 s 6