... no longer available, Coalport having recently been taken over by Wedgwood. Advise Jane. Jane requires advice on misrepresentation and also a possible action for damages in breach of contract. A misrepresentation is a false statement of fact, made contractually which is intended to induce the contract and which has that effect. So, in order to establish if any of Carolyn's statements will constitute a misrepresentation, it must be examined if they constitute statements of fact. First of all, with regard to the statement concerning the condition of the dinner service, Carolyn states quite clearly and unequivocal that the service is immaculate and completely original. This is not vague or ambiguous as in Dimmock v Hallet (1866); and as such will amount to a statement of fact. As such, it satisfies the first requirement for an actionable misrepresentation. With regard to the query as to the colour of the service, C would probably argue that ...

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