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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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in uk law of contract if both parties make misrepresentation

Resolved Question:

in uk law of contract if both parties make misrepresentation at outset and one party loses money (me ) then can i void contract on basis on alot of misresentations by other side
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.

UKSolicitorJA : Hello
UKSolicitorJA : could you give further information please about the nature of the contract and the misrepresentations
Customer:

hello

Customer:

contract law .....and terms attached

UKSolicitorJA : What was the contract for?
Customer:

i would rather not say ...just contract law and emails exchange stating mispresentations before i deposited money which i lost subesequently

UKSolicitorJA : Okay
UKSolicitorJA : yes, you may argue that the contract is voidable on grounds of the misrepresentation
UKSolicitorJA : the contract is not void
Customer:

i made misrepentation also ..is contract still voidable

UKSolicitorJA : however, if you also engaged in misrepresentation as did the other party, then the court may not take any side
Customer:

do i lose my money

UKSolicitorJA : the best thing is to try and settle the matter amicably with the other party rather than going to court
Customer:

i tried no success

UKSolicitorJA : tell them that you treat the contract as not existing and that neither you nor them are legally obliged under it
UKSolicitorJA : see what they have to say
UKSolicitorJA : if you cannot agree with them to resolve the issue satisfactorily, then the courts will have the final say if it goes to court
Customer:

I made statement of my financial statement which was false ...they promised me false statements ..i lost money

UKSolicitorJA : Did they lose anything?
Customer:

no

UKSolicitorJA : Are they claiming anything from your.
Customer:

losses on contract

UKSolicitorJA : sorry, excuse the typo. Are they claiming anything from you?
Customer:

i lost my money on contract performance

UKSolicitorJA : In that case they will have to file a court claim against you if you do not accept liability for their losses
UKSolicitorJA : The courts may or may not hold you liable
Customer:

it was legally binding contract ..they kept moeny but now i am claiming mispresentation to void contract but they will counter argue my misresentation...

UKSolicitorJA : there is no yes or no answer here as without knowing full facts and details, it is all theoretical at the moment.
UKSolicitorJA : But yes, you could argue that the contract is voidable on grounds of misrepresentation
Customer:

even if i misrepented as well

UKSolicitorJA : however, he who seeks equity must do equity and the court will expect you to come to court with clean hands if it is to side with you
UKSolicitorJA : if you misrepresented as well, then the court will try and find a fair position for both of you
UKSolicitorJA : by meeting both of you in the middle for example
UKSolicitorJA : Hope this helps. Please take a second to leave feedback
Customer:

it was totally unfair contract ..only downside is i misreprented my financial position

UKSolicitorJA : The courts will not try and make a bad bargain bad for you I am afraid
UKSolicitorJA : Good for you
UKSolicitorJA : usually courts leave it up to the parties to negotiate the terms of the contract
Customer:

there are alot of breach by other side also

UKSolicitorJA : The courts will look at both your side and their side and then come to a decision
Customer:

my only weakness is my one mispresentation

UKSolicitorJA : if they are also in breach and as you say they also misrepresented facts, then the court will not grant them total relief
Customer:

i was pressurised inton it

Customer:

tele sales and phone calls

UKSolicitorJA : you can argue that you were under duress
UKSolicitorJA : and that is another ground for setting aside the contract
Customer:

no threats just pressure

UKSolicitorJA : you can say that the pressure meant that you were not thinking freely
UKSolicitorJA : and did not freely enter into the contract
UKSolicitorJA : All the best
Customer:

they made series of misrepresentation to keep me in loss making contract

Customer:

they withheld information

Customer:

estimate of my loss responsbility

UKSolicitorJA : From what you say, you appear to have a good case for challenging their claims
Customer:

any estimate with my one mispresentation

UKSolicitorJA : I would say more than 50% in your favour but the court will have the final say once it has heard both sides and seen any evidence presented to it
UKSolicitorJA : hope this helps
Customer:

will i be held accountable for some of losses

Customer:

i was under duress

Customer:

any other factors which would void contract is my favour

UKSolicitorJA : You may be held accountable for some of the losses
Customer:

any guess portion

Customer:

even though my money

UKSolicitorJA : You may also try and argue that it was impossible for you to perform the contract
UKSolicitorJA : difficult for me to advise further as I do not know further details
UKSolicitorJA : I am logging out shortly
Customer:

under what action

UKSolicitorJA : please remember to leave feedback so I am credited for my time
Customer:

it was impossible to perform ...i had illness

Customer:

but other side did not know

UKSolicitorJA : You could argue the illness point as well
UKSolicitorJA : any medical evidence of your illness should help your case
Customer:

any other grounds

UKSolicitorJA : Frustration is also a ground
UKSolicitorJA : All the best
UKSolicitorJA : I am going offline now
UKSolicitorJA : I have covered everything for you
Customer:

frustration is very difficult to prove

UKSolicitorJA : Hello,
UKSolicitorJA : Can I help you further?
UKSolicitorJA : i see you have left negative feedback
UKSolicitorJA : I see you have left negative feedback and hope you will change your mind
UKSolicitorJA : i have helped you as best as I can and given you all possible grounds to challenge their clai,
UKSolicitorJA : clsim
UKSolicitorJA : claim
Customer:

what level of apportionment of my loss would court deem reasonable for my to lose based on limited information where i made one mosreprentation , they made 4 mosrepresentations , they withheld information , i acted under 2 years of duress ,frustration although very diffcult to prove could be argued...

UKSolicitorJA : I will be happy to continue but you have left negative feedback
UKSolicitorJA : if that was a mistake, you can change your mind
Customer:

i need a final answer you left early

UKSolicitorJA : I was just having some dinner :-)
Customer:

sorry

UKSolicitorJA : you can change your rating
Customer:

if you finish

UKSolicitorJA : You could be held to be 20-25% liable
UKSolicitorJA : from what you have said
UKSolicitorJA : i hope this clarifies?
Customer:

thanks changed to excellent

UKSolicitorJA : great, welcome and all the best
UKSolicitorJA : Please remember to change your rating
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience: English solicitor with over 12 years experience
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