... and time-honoured legal principle and so the fact that misrepresentation is given the focus it is today reflects the change from the laissez-faire ideology of the 19th Century towards a more interventionist approach within the courts. The aim of the law regarding misrepresentation is to protect the buyer from securing themselves into a contract which is ultimately based upon a lie or 'false statement'. However, to say that the legal consequences of misrepresentation lead to it driving a 'coach and four' upon caveat emptor is perhaps too quick a presumption. There are areas within the principle of misrepresentation which make it extremely difficult for the buyer to prove such a case. A major point to support this is the fact that failure to disclose information is not necessarily regarded as misrepresentation. For example in Turner v Green [1895] 2 Ch 205, Green tried to resist Turner's enforcement of the agreement by ...

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