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Misrepresentation in Contract Law

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  1. The facts
  2. How to prove that the Council made misrepresentations in several occurrences in the contract
  3. A study of the remedies that Jemma can have against the Council

Jemma, was a restaurant owner. She decided to shift from London to the countryside. In order to execute this move, she attended an auction in Borehampton with an idea of purchasing ?lot 69.' This ?lot 69' is described in the auctioneers' catalogue as ?a perfect development opportunity for anyone wishing to set up a good sized country hotel in an idyllic surrounding.' ?Lot 69' comprised of two significant properties owned by Borchester Council. The first property was Arcadia. This property was a country house with 6 bedrooms and a small garden. On surveying this property, Jemma was planning to renovate the small garden and convert it into a twelve bedroom hotel. Adjoining the garden was a piece of land described in the catalogue as ?ready for immediate occupation at the end of the current license.' Jemma being a creative individual wanted to use this piece of land by developing and converting it into a landscaped garden with a swimming pool and a car park for 50 cars. After concluding the contract, Jemma discovered that the adjoining land was ?already let under a renewable commercial tenancy agreement to Fred and not under a license terminable on immediate notice as she had believed from the wordings in the catalogue.'

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