Is there any caselaw demonstrating the court’s assessment of damages for misrepresentation where a vendor of a property has misrepresented the situation regarding nuisance neighbours, with damages being sought for loss of enjoyment, stress and inconvenience?

There are three types of misrepresentation:

1. •

   fraudulent misrepresentation;

2. •

   negligent misrepresentation; and

3. •

   innocent misrepresentation

The remedies vary for each type of misrepresentation and therefore more information is required regarding the context in which the misrepresentation has occurred. The starting point is however, that, the court will award damages to the injured party for losses caused from relying on the misrepresentation (Livingstone v Rawyards Coal Co).

Fraudulent misrepresentation would occur where the vendor had deliberately made a false representation to the buyer without belief in its truth or recklessly see (Derry v Peek). In quantifying the damages payable, the court confirmed in Eco 3 Capital Ltd v Ludsin Overseas Ltd that a false representation must be made, the vendor must know it is false/reckless