In contract law, a misrepresentation is a statement made by one contracting party to another, which is not true, and which encourages the other contracting party to enter the contract as a result of which he suffers a loss.

There are three types of misrepresentation:

Fraudulent misrepresentation: is where a false representation has been made knowingly, or without belief in its truth, or recklessly as to its truth.

Negligent misrepresentation: a representation made carelessly and in breach of duty owed to take reasonable care that the representation is accurate.

Innocent misrepresentation: is a type of representation that is neither fraudulent nor negligent.


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David has an LL.B (Hons) degree in law. He was voted one of the UK’s most influential aspiring lawyers. He was also directly involved in the protection of workers’ rights as respected Union Rep for Usdaw, and he is the Non-Executive Legal Director for the Humber Taxi Association.

Examples of Misrepresentation

Example of misrepresentation

Mr Smith saw a car for sale which was advertised stating that it had 30,000 miles. He went to look at the car and the seller confirms that the car had 30,000 genuine miles. After buying the car Mr Smith then finds out that the car has actually done 90,000 miles. Had Mr Smith knew this he would not have brought the car.

Example of misrepresentation

Ms. Sarika, a wealthy divorcee, approached a dating service and was assured that there was a ‘substantial number’ of wealthy male members actively engaged in its matchmaking services, who were a sufficient match for Ms. Sarika’s desires. But she did not get any members for her match and then she came to know that they have only 100 members involved. If she were aware of the fact, she would never have joined.

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