Misrepresentation and fraud

This note explores the concepts of misrepresentation and fraud in Malaysian contract law, focusing on the legal implications under Sections 18 and 19 of the Contracts Act 1950. It outlines the different types of misrepresentation—fraudulent, negligent, and innocent—along with their legal consequences. Case law such as Derry v Peek, Horsfall v Thomas, and Tan Chye Chew v Eastern Mining is discussed to illustrate the distinction between mere misstatements and actionable fraud. This note aims to simplify key principles and support exam-oriented application through ILAC-based structure and real case analysis.
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