Which misrepresentation remedies exist?

• A. Remedies include rescission and damages for fraudulent, negligent, or innocent misrepresentation.
• B. Only rescission is available for misrepresentation.
• C. Damages are never available for misrepresentation.
• D. Misrepresentation cannot be remedied in contract law.

Answer: (D)

The main idea is that misrepresentation in contract law can be remedied in more than one way. You can rescind the contract, which unwinds the agreement and puts the parties back in their pre-contract positions. Beyond rescission, there are also possibilities for damages depending on the type of misrepresentation. For fraudulent misrepresentation, the deceived party can recover damages for the losses caused. For negligent misrepresentation, damages can also be recoverable. For innocent misrepresentation, damages may be available under the Misrepresentation Act 1967 in many cases, typically in lieu of rescission. So the bundle of remedies includes both rescission and damages across different kinds of misrepresentation, making the statement that only rescission exists or that misrepresentation has no remedy incorrect.