Liability under a warranty and for misrepresentation

WEMYSS v KARIM (CA) [2016]

There are different measures for calculating damages depending on, for example, whether the claim is for a breach of warranty in contract or for misrepresentation (a false statement made before a contract on which a party relies when entering into a contract). Where both claims are available, a party is free to choose whichever measure achieves the better result. In this case, the Court of Appeal (“CA”) considered and gave some helpful guidance in relation to these different measures.



Points to note:

back to archive