Question

While buying some land, Mark asked the seller's solicitor if there were any restrictive covenants on the land and the solicitor said he did not know of any. What the solicitor failed to mention was that he had not bothered to read the documents. This failure on part of the solicitor to disclose the state of affairs to the purchaser amounts to:

Answer 1

Answer:

Misrepresentation

Explanation:

A misrepresentation is simply a false statement of fact made by one individual/ party to another. It is usually not according to the a term of the contract as it also induces the other party to enter the contract.

The solicitor is guilty of misrepresentation due to the fact that he lied about reading the documents about the land. It also renders the contract voidable and it also give rise to a right to damages depending on type of misrepresentation that has happened. For a misrepresentation to be actionable, there must be an untrue statement; it must be a statement of fact, not mere opinion and it must have induced the innocent party to enter the contract.

Mike relied.on the solicitor to provide both knowledge and honesty.