End-of-chapter questions: Answer Guidance 16.2

Misrepresentation

Good answers will engage closely with the statutory language of the different provisions of section 2, and how that language has been interpreted in the leading cases. Attention should be given to section 2(1) in particular—both in imposing an unusual burden on the defendant, and the ‘fiction of fraud’ measure of damages—and its relationship with section 2(2) and section 2(4), which may also lead to unsatisfactory results. It is crucial for this answer not just to describe the law, and then finally to say whether you agree: your own argument should run strongly throughout the answer from the very beginning.