When clients seek my legal advice in regards to contract dispute matters, misrepresentation is normally one of the allegations made against the other party.
First, the misrepresentation has to be actionable (see our blog titled “You Lied! A Primer on Misrepresentation”).
Alleging misrepresentation, seems to comfort most plaintiffs who seek my approval and confidence, before deciding to bring forward litigation. But, before betting on a win, plaintiffs must be aware that the type of misrepresentation made by the defendant, is strictly tied to the type of remedy they may receive.
Misrepresentations can be held to be innocent, negligent, or fraudulent. Seeking the correct remedy, for example, rescission, or damages, will require an experienced lawyer to explore the facts of your matter and provide reasonable expectations to their client.
Furthermore, as part of providing reasonable expectations to a client, your lawyer should disclose the possible roadblocks and problematic areas of your allegations and facts. The roadblocks referred to above, specifically include attacking the allegations of misrepresentations, which are made verbally and may not be verifiable, while explaining to a plaintiff who simply ‘wants it to be the way it was before the contract’, the bars of rescission (see our blog titled “I want it to be the way it was before the contract” – Introduction to the Bars of Rescission, coming soon).
Tangri Law Firm has the experience and knowledge, to pursue a claim, or defend against, litigation involving allegations of fraudulent and negligent misrepresentation. Contact us today, to discuss your case.