Singapore Statutes Online 390 Misrepresentation Act
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Keyword here Within AGC Search Home | About Us | Browse | Advanced Search | Results | My Preferences | FAQ | Help Link to Homepage Attorney-General's Chambers | Contact Info | Feedback | Site Map (a) (b) (a) (b) Legislative History | Amendment Annotation off On 22/03/2015, you requested the version in force on 22/03/2015 incorporating all amendments published on or before 22/03/2015. The closest version currently available is that of 20/05/1994. MISREPRESENTATION ACT (CHAPTER 390) (Original Enactment: U.K. 1967, c. 7) REVISED EDITION 1994 (20th May 1994) An Act to amend the law relating to innocent misrepresentations. [12th November 1993 * ] * Date when this Act was made applicable by the Application of English Law Act (Cap. 7A). Removal of certain bars to rescission for innocent misrepresentation 1. Where a person has entered into a contract after a misrepresentation has been made to him, and — the misrepresentation has become a term of the contract; or the contract has been performed, or both, then, if otherwise he would be entitled to rescind the contract without alleging fraud, he shall be so entitled, subject to the provisions of this Act, notwithstanding the matters mentioned in paragraphs (a) and (b). Damages for misrepresentation 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then, if it is claimed, in any proceedings arising out of the contract, that the contract ought to be or has been rescinded, the court or arbitrator may declare the contract subsisting and award damages in lieu of rescission, if of opinion that it would be equitable to do so, having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). Avoidance of provision excluding liability for misrepresentation 3. If a contract contains a term which would exclude or restrict — 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 any remedy available to another party to the contract by reason of such a misrepresentation, that term shall be of no effect except in so far as it satisfies the requirement of reasonableness as stated in section 11(1) of the Unfair Contract Terms Act [Cap. 396], and it is for those claiming that the term satisfies that requirement to show that it does. Saving for past transactions 4. Nothing in this Act applies in relation to any misrepresentation or contract of sale made before 12th November 1993 except in so far as it was applicable by virtue of section 5 of the Civil Law Act [Cap. 43] in force before that date. Short title 5. This Act may be cited as the Misrepresentation Act. LEGISLATIVE HISTORY MISREPRESENTATION ACT (CHAPTER 390) This Legislative History is provided for the convenience of users of the Misrepresentation Act. It is not part of the Act. 1. U.K. 1967, c. 7—Misrepresentation Act 1967 Date of First, Second and Third Readings : Date not available. Date of commencement : 12 November 1993 2. 1994 Revised Edition—Misrepresentation Act Date of operation : 20 May 1994 Singapore Statutes Online - 390 - Misrepresentation Act 22-Mar-15 http://statutes.agc.gov.sg/aol/search/display/view.w3p;page=0;query=CompId%3A4444caf0-6152-4cf3-811d-065f675a8db0;rec=0;resUrl=http%3A%2F%2Fstatutes.agc.gov.sg%2Faol%2Fbrowse%2Ftitl 1 / 1
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Transcript of Singapore Statutes Online 390 Misrepresentation Act
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Legislative History | Amendment Annotation off
On 22/03/2015, you requested the version in force on 22/03/2015 incorporating all amendments published on or before 22/03/2015. The closest version currently available is thatof 20/05/1994.
MISREPRESENTATION ACT(CHAPTER 390)
(Original Enactment: U.K. 1967, c. 7)
REVISED EDITION 1994
(20th May 1994)
An Act to amend the law relating to innocent misrepresentations.
[12th November 1993* ]* Date when this Act was made applicable by the Application of English Law Act (Cap. 7A).
Removal of certain bars to rescission for innocent misrepresentation1. Where a person has entered into a contract after a misrepresentation has been made to him, and
the misrepresentation has become a term of the contract; or
the contract has been performed,
or both, then, if otherwise he would be entitled to rescind the contract without alleging fraud, he shall be so entitled, subject to the provisions of this Act, notwithstanding thematters mentioned in paragraphs (a) and (b).
Damages for misrepresentation2.(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 liablenotwithstanding 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 wasmade 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 themisrepresentation, 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 orarbitrator 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 themisrepresentation 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 undersubsection (2) shall be taken into account in assessing his liability under subsection (1).
Avoidance of provision excluding liability for misrepresentation3. If a contract contains a term which would exclude or restrict
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
any remedy available to another party to the contract by reason of such a misrepresentation,
that term shall be of no effect except in so far as it satisfies the requirement of reasonableness as stated in section 11(1) of the Unfair Contract Terms Act [Cap. 396], and it is forthose claiming that the term satisfies that requirement to show that it does.
Saving for past transactions4. Nothing in this Act applies in relation to any misrepresentation or contract of sale made before 12th November 1993 except in so far as it was applicable by virtue of
section 5 of the Civil Law Act [Cap. 43] in force before that date.
Short title5. This Act may be cited as the Misrepresentation Act.
LEGISLATIVE HISTORY
MISREPRESENTATION ACT(CHAPTER 390)
This Legislative History is provided for the convenience of users of the Misrepresentation Act. It is not part of the Act.
1. U.K. 1967, c. 7Misrepresentation Act 1967Date of First, Second and Third Readings : Date not available.Date of commencement : 12 November 1993
2. 1994 Revised EditionMisrepresentation ActDate of operation : 20 May 1994
Singapore Statutes Online - 390 - Misrepresentation Act 22-Mar-15
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