Fraudulent Misrepresentation

[Pepperpaws]

Hi

I’m currently suing a uk LTD company for breach of contract and/or fraudulent misrepresentation. It’s going via the County Courts Fast Tract.

I signed a contract with the company to undergo a medical procedure which has gone wrong. It’s a long story but several legal advisers have suggested I run with fraudulent misrepresentation instead of medical negligence and the evidence I have for the misrepresentation is vast and strong.

But I’m trying to understand in layman’s terms what I can claim under fraudulent misrepresentation compared with the other lesser forms of misrepresentation.

Can I claim my money back from the original procedure, the cost of a corrective procedure as well as other damages?

Im just finding it confusing as to what Fraudulent Misrepresentation offers me.

Thanks

[efpom]

Fraudulent misrepresentation is the most serious and requires the false representation to have been made knowingly, without belief in its truth, or recklessly as to its truth. A successful claimant may have the contract set aside (or ‘rescinded’) and seek damages.

in cases of fraudulent misrepresentation damages are not limited by any remoteness principles.

In a case of a fraudulent (or negligent misrepresentation), the innocent party may seek damages instead of or in addition to rescission, either at common law or under section 2(1) of the Misrepresentation Act 1967.

[islandgirl]

Have you discussed this with your legal advisors? Surely if they told you to go down that route they have explained the benefits of it to you?