UNIT 9

FALSE REPRESENTATION OF FACTS

False representation of facts is a critical element in various areas of law, particularly in the law of torts and contract law. It involves making an untrue statement about a material fact with the intention to deceive another party. The misrepresented fact must be one that the other party relies upon to their detriment. See the case of Abah v. Jabusco (Nig.) Ltd (2007) which highlights the importance of proving that the false representation was made knowingly or recklessly and with the intent to deceive and the case of Okwejiminor v. Gbakeji (2008) 5 NWLR (Pt. 1079) 172 where the Supreme Court of Nigeria emphasized the need for the plaintiff to establish that they relied on the misrepresentation to their detriment. The elements of false representation of facts include the following;

1. False statement: this is where the representation must be untrue or misleading.
2. Material fact: this is where the misrepresentation must pertain to a fact that is significant or material to the transaction.
3. Knowledge of falsity: this is where the person making the representation must know that it is false or act recklessly without knowing whether it is true or false.
4. Intent to induce reliance: this is where the false representation must be made with the intention of inducing the other party to act upon it.
5. Actual reliance: this is where the other party must actually rely on the false representation.
6. Resulting damage: this is where the reliance on the false representation must result in damage or loss to the other party.

STATEMENT RELIED UPON AS CONVEYING INTENTION

In the context of contract law, statements made during negotiations can be crucial. A statement relied upon as conveying intention can lead to a binding contract if the parties rely on it to make their decisions. See the case of Carlill v. Carbolic Smoke Ball Co. (1893) which illustrate how statements can be relied upon as conveying intentions and the case of Ajayi v. Briscoe (1964) 3 NSCC 210 which discusses the reliance on statements made during contractual negotiations and the intention to be legally bound by those statements. The elements of statements relied upon as conveying intention includes the following;

1. Clear statement: this is where the statement must be clear and unequivocal.
2. Intention to create legal relations: this is where the statement must be intended to create legal obligations.
3. Reliance: this is where the other party must rely on the statement as a basis for entering into the contract.
4. Resulting action: this is where the reliance on the statement must lead to the party taking some action, such as entering into a contract or making a financial commitment.

DAMAGE

Damage in legal terms refers to the harm or injury suffered by a party due to the wrongful act of another. It is a fundamental component in tort law and contract law for the assessment of compensation. See the case of Idufueko v. Pfizer Products Ltd (2014) LPELR-22999(SC) which discusses the elements required to prove damage and the types of damages that can be awarded and the case of Shell Petroleum Development Company of Nigeria Ltd v. Chief G.B.A. Tiebo VII & Ors (2005) LPELR-3207(SC) which highlights the importance of establishing a clear causal link between the wrongful act and the damage suffered. The elements of damages includes the following;

1. Proof of loss: this is where the plaintiff must provide evidence of the loss suffered.
2. Causation: this is where there must be a direct link between the defendant’s wrongful act and the damage suffered.
3. Foreseeability: this is where the damage must have been a foreseeable consequence of the wrongful act.

TYPES OF DAMAGES

1. Compensatory damages: These are intended to compensate the plaintiff for the actual loss suffered.
2. Nominal damages: These are awarded when there is a legal wrong but no substantial loss or injury to be compensated.
3. Punitive damages: These are awarded to punish the defendant for egregious wrongdoing and to deter future misconduct.
4. Consequential damages: These refer to indirect losses that result from a wrongful act.

CONCLUSION

By understanding these legal concepts and the relevant Nigerian cases, one can better navigate the complexities of false representation, statements of intention, and damages in legal disputes.