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Misrepresentation Act 1967

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Enacted
1967
Sections
5
Cited in
83 decisions

Misrepresentation Act 1967 is Singapore Act, cited as Act MA 1967, currently marked in force and first recorded in 1967.

Cited in court decisions

83

Court decisions that cite this act, detected automatically from judgment text and linked to the judgment we hold.

  • Referred to[2026] SGHC 185Case

    “(c) thirdly, whether the Defendant is liable in misrepresentation (ie, tort of deceit) or under s 2(1) of the Misrepresentation Act 1967 (2020 Rev Ed) (“MA”);”

  • Referred to[2026] SGDC 277Case

    “s 10 January 2025. The Claimant’s claim in this action is for the sum of $200,000, this being the APB for 2023 and 2024. There is also a claim for damages in the sum of $40,000 pursuant to s 2 of the Misrepresentation Act 1967 (2020 Rev Ed), although the basis for this remains unclear. Alternatively, the Claimant seeks”

  • Referred to[2026] SGHC 169Case

    “clusion clause from liability “for any matters whatsoever”, which would include misrepresentations. As both clauses exclude or restrict liability for misrepresentation, they are subject to s 3 of the Misrepresentation Act 1967 (2020 Rev Ed) (“MA”) and would be ineffective except in so far as they satisfy the requiremen”

Show 47 more
  • Referred to[2026] SGHC 166Case

    “Tort — Misrepresentation — Fraud and deceit; Contract — Misrepresentation Act; Tort — Conspiracy — Unlawful means conspiracy; Companies — Incorporation of companies — Lifting corporate veil”

  • Referred to[2026] SGCA 34Case

    “Limitation of actions — Particular causes of action — Claim for damages under s 2(1) of the Misrepresentation Act 1967 — Section 6(1) Limitation Act 1959; Limitation of Actions — Particular causes of action — Claim for equitable rescission of contract — Section 6(7) Limitation Act 1959; Limitation of Actions — Postpo”

  • Referred to[2026] SGDC 215Case

    “Tort] — [Misrepresentation] — [Fraud and deceit; Tort] — [Misrepresentation] — [Negligent misrepresentation; Contract] — [Misrepresentation Act”

  • Referred to[2016] SGHC 116Case

    “tions were made fraudulently, with knowledge of falseness or at least with recklessness. Even if these were not fraudulent misrepresentations, they were misrepresentations actionable under s 2 of the Misrepresentation Act (Cap 390, 1994 Rev Ed) or were negligently made, and thus actionable in tort.”

  • Referred to[2016] SGHC 139Case

    “new and were not in original packaging. The plaintiff asserted that the first defendant had made fraudulent misrepresentations which entitled the plaintiff to repudiate the contracts under s 2 of the Misrepresentation Act (Cap 390, 1994 Rev Ed). The plaintiff asserted that it rescinded the contract in or about October”

  • Referred to[2016] SGHC 164Case

    “The plaintiff alleged that Atlas Food well knew the representations were false or were recklessly made not caring whether they were true or false. It relied on s 2 of the Misrepresentation Act (Cap 390, 1994 Rev Ed) (the “Misrepresentation Act”).”

  • Referred to[2016] SGHC 263Case

    “presentation; and (c) the defendant suffered damage (see Panatron Pte Ltd and another v Lee Cheow Lee and another [2001] 2 SLR(R) 435 at [14] regarding fraudulent misrepresentation; and s 2(1) of the Misrepresentation Act (Cap 390, 1994 Rev Ed) regarding statutory liability for misrepresentation).”

  • Referred to[2017] SGHC 08Case

    “Other issues raised by the pleadings include the question whether Tan has a claim against Toh for negligent misrepresentation at common law and/or under the Misrepresentation Act (Cap 390, 1994 Rev Ed) (“the MA”). The question also arises whether Tan can seek contribution or indemnity from Toh. I will address each in t”

  • Referred to[2017] SGHC 51Case

    “Contract] — [Misrepresentation Act; Contract] — [Contractual terms] — [Express terms”

  • Referred to[2017] SGCA 26Case

    “de a fraudulent misrepresentation, Airtrust would have been entitled (provided the requisite evidence was forthcoming) to a generous measure of damages pursuant to the common law and/or s 2(1) of the Misrepresentation Act (Cap 390, 1994 Rev Ed) (see, generally, the decision of this court in RBC Properties Pte Ltd v Def”

  • Referred to[2017] SGHC 93Case

    “Section 2(1) of the Misrepresentation Act (Cap 390, 1994 Rev Ed) does not alter the common law as to what constitutes a misrepresentation (Tan Chin Seng and others v Raffles Town Club Pte Ltd [2003] 3 SLR(R) 307 at [23]). It does, however, r”

  • Referred to[2017] SGHC 201Case

    “Contract] — [Misrepresentation Act; Contract] — [Breach] — [Anticipatory breach; Contract] — [Contractual terms] — [Implied terms; Contract] — [Contractual terms] — [Exclusion clauses”

  • Referred to[2017] SGHC 289Case

    “the facilities would be accessible and usable by members of the public, which turned out to be contrary to the URA’s use restriction. In the alternative, the plaintiff claims damages under s 2 of the Misrepresentation Act in the event these three representations were not fraudulent.”

  • Referred to[2018] SGHC(I) 05Case

    “irtue of fraudulent misrepresentations made by Macquarie and/or Mr Wolfe, alternatively, their material non-disclosure of certain matters. In the further alternative, Graceland relies upon s 2 of the Misrepresentation Act 1967 (c 7) (UK).”

  • Referred to[2018] SGCA 36Case

    “n the respondent’s misrepresentations. Should the respondent be found liable for innocent misrepresentation rather than fraudulent misrepresentation or negligent misrepresentation under s 2(1) of the Misrepresentation Act (Cap 390, 1994 Rev Ed), then the appellant submitted that it would be entitled to an indemnity of”

  • Referred to[2018] SGCA 38Case

    “Mr Toh. The Judge held that Mr Tan could claim a 50% contribution from Mr Toh because of their relative culpability. The Judge dismissed Mr Tan’s claim against Mr Toh in misrepresentation because the Misrepresentation Act (Cap 390, 1994 Rev Ed) did not apply and Mr Toh did not owe Mr Tan a duty of care (Judgment at [33”

  • Referred to[2018] SGHC 169Case

    “s to enter into the Subscription Agreement between the plaintiffs, the defendant, Mr Chi and SIPL. The plaintiffs are not claiming rescission of the contract on grounds of misrepresentation under the Misrepresentation Act (Cap 390, 1994 Rev Ed). Instead the claim is predicated on s 2(1) which states:”

  • Referred to[2018] SGHC 201Case

    “The Misrepresentation Act allows a representee to claim damages for any non-fraudulent misrepresentation in respect of which he could have recovered damages had the misrepresentation been fraudulent. The remedy is only availa”

  • Referred to[2018] SGHC 232Case

    “(c) damages to be assessed with respect to the plaintiff’s failure to issue further annexures to the first defendant, including damages for misrepresentation pursuant to s 2 of the Misrepresentation Act (Cap 390, 1994 Rev Ed) (“the Misrepresentation Act”); and”

  • Referred to[2018] SGHC 278Case

    “(b) damages for misrepresentation pursuant to s 2 of the Misrepresentation Act (Cap 390, 1994 Rev Ed), or in the alternative;”

  • Referred to[2019] SGHC 13Case

    “been induced by a misrepresentation, whether innocent, negligent or fraudulent, the party induced by the misrepresentation to enter into the contract may elect to rescind or affirm it: see s 1 of the Misrepresentation Act (Cap 390, 1994 Rev Ed). It is also clear that a misrepresentation which would justify rescission o”

  • Referred to[2019] SGHC 39Case

    “LSI has relied on fraudulent misrepresentation, liability pursuant to s 2(1) of the Misrepresentation Act (Cap 390, 1994 Rev Ed) (“the MA”) and innocent misrepresentation. It is not pursuing its claim for negligent misstatement.”

  • Referred to[2019] SGHC(I) 08Case

    “On the assumption that the law of Singapore is applicable to part of the dispute (DDPL brought an alternative claim under the Misrepresentation Act (Cap 390, 1994 Rev Ed) (“Misrepresentation Act”)), it was necessary to consider whether the action had “no substantial connection” with Singapore. The fact that DDPL is a S”

  • Referred to[2019] SGHC 159Case

    “Saimee also made reference to recourse pursuant to s 2(1) of the Misrepresentation Act (Cap 390, 1994 Rev Ed) (“Misrepresentation Act”) in his statement of claim. However, apart from one or two statements claiming recourse under Misrepresentation Act, there were no details provided and”

  • Referred to[2019] SGHC 165Case

    “Contract] — [Breach; Contract] — [Contractual terms] — [Implied terms; Contract] — [Misrepresentation Act; Tort] — [Misrepresentation; Tort] — [Negligence] — [Breach of duty; Tort] — [Negligence] — [Causation; Tort] — [Negligence] — [Duty of care”

  • Referred to[2019] SGHC 192Case

    “Contract] — [Misrepresentation Act; Restitution] — [Unjust enrichment”

  • Referred to[2019] SGHC 222Case

    “ings. She contends Dr Lee made misrepresentations on the evening of 20 January 2012 and seeks rescission of her $2m investment or, in the alternative, damages in the sum of $2m pursuant to s 2 of the Misrepresentation Act (Cap 390, 1994 Rev Ed) (“Misrepresentation Act”). In the alternative, she contends that Dr Lee’s a”

  • Referred to[2019] SGHC(I) 15Case

    “Banking] — [Advice] — [Negligent; Contract] — [Misrepresentation Act; Credit and Security] — [Mortgage of personal property] — [Life insurance policies; Damages] — [Measure of damages] — [Tort; Tort] — [Misrepresentation] — [Inducement; Tort] — [Misrepresentation] — [”

  • Referred to[2019] SGHC 284Case

    “that Goh made fraudulent misrepresentations under common law that induced her to enter the 1st MOU (as amended). Further, or in the alternative, the misrepresentations fell under ss 1 and 2(1) of the Misrepresentation Act (Cap 390, 1994 Rev Ed) (“MA”). She sought a declaration that the 1st MOU (as amended) was validly”

  • Referred to[2019] SGHC 288Case

    “er it was fraudulent, negligent or innocent. Second, he argued that the failure to plead that it had suffered any loss as a result of misrepresentation meant that AIL cannot claim under s 2(1) of the Misrepresentation Act (Cap 390, 1994 Rev Ed).”

  • Referred to[2020] SGHC 22Case

    “nd left the plaintiff high and dry. The plaintiff’s claims in the present suit were based primarily on the defendants’ alleged liability for fraudulent or negligent misrepresentation or on s 2 of the Misrepresentation Act. Alternatively, the plaintiff claimed that the 1st defendant had committed “repudiatory breaches””

  • Referred to[2020] SGHC 42Case

    “(b) alternatively, that they are jointly and/or severally liable in respect of the misrepresentations made to him under “section 2 of the Misrepresentation Act”.”

  • Referred to[2020] SGHC 83Case

    “On 15 July 2019, the Plaintiffs commenced Suit 709 against the Defendants for the torts of conspiracy, fraudulent misrepresentation and misrepresentation under s 2 of the Misrepresentation Act (Cap 390, 1994 Rev Ed) (“Misrepresentation Act”).”

  • Referred to[2020] SGCA 48Case

    “n incorporated into the contract or otherwise, obviated Grande’s cause of action in misrepresentation. As we highlighted in Jurong Town Corp v Wishing Star Ltd [2005] 3 SLR(R) 283 at [76], s 1 of the Misrepresentation Act (Cap 390, 1994 Rev Ed) states that:”

  • Referred to[2020] SGHC(I) 16Case

    “n the course of 2016 and relied upon by the plaintiffs. That case is advanced at common law on the basis that the said representations were made fraudulently or negligently and/or under s 2(1) of the Misrepresentation Act (Cap 390, 1994 Rev Ed) (the “Misrepresentation Act”).”

  • Referred to[2020] SGCA(I) 03Case

    “In light of his findings, the trial judge discussed the claims of negligent misrepresentation at common law and the statutory cause of action under the Misrepresentation Act (Cap 390, 1994 Rev Ed) (“Misrepresentation Act”) holding, for reasons not under challenge, that the common law and the Misrepresentation Act of Si”

  • Referred to[2020] SGHC 204Case

    “s counterclaim in misrepresentation must be dismissed. As I have found that there was no reliance by Prosper Marine on the Representations, there is no basis for an alternative claim under s 2 of the Misrepresentation Act (Cap 390, 1994 Rev Ed). Prosper Marine is accordingly liable for outstanding charter hire fees due”

  • Referred to[2020] SGHC 219Case

    “Companies] — [Fraudulently inducing investment; Contract] — [Misrepresentation] — [Fraudulent; Contract] — [Misrepresentation Act”

  • Referred to[2020] SGHC(I) 24Case

    “of the Villa had been disclosed. The Plaintiffs allege that the representations were false, and that they were made fraudulently or recklessly or, if not, in circumstances attracting relief under the Misrepresentation Act (Cap 390, 1994 Rev Ed). They allege that they relied on the representations in entering into the A”

  • Referred to[2020] SGHC 257Case

    “he claims pleaded in the defendant’s statement of claim encompassed the tort of fraudulent misrepresentation, the statutory tort of negligent misrepresentation inducing a contract under s 2(1) of the Misrepresentation Act (Cap 390, 1994 Rev Ed) (“the Act”), innocent misrepresentation under s 2(2) of the Act and the com”

  • Referred to[2021] SGHC 14Case

    “by the first defendant fraudulently and induced them to enter into the CNSAs with the Company. The plaintiffs accordingly claim damages against the first defendant in the tort of deceit or under the Misrepresentation Act (Cap 390, 1994 Rev Ed). Each plaintiff accordingly seeks an order that the first defendant pay to h”

  • Referred to[2021] SGHC 37Case

    “— [Duties of agent] — [Care, skill and diligence; Agency] — [Duties of agent] — [Breach; Companies] — [Fraudulently inducing investment; Tort] — [Misrepresentation] — [Fraud and deceit; Contract] — [Misrepresentation Act; Equity] — [Fiduciary relationships] — [When arising; Equity] — [Fiduciary relationships] — [Duties”

  • Referred to[2021] SGHC 114Case

    “(c) damages for misrepresentation under section 2(1) of the Misrepresentation Act (Cap. 390, 1994 Rev Ed); and”

  • Referred to[2021] SGHC 175Case

    “performance or the Myanmar Energy Project. Finally, he argued that TCH is a sophisticated trader and could not have relied on any of the Alleged Representations. Tan’s claim under Section 2(1) of the Misrepresentation Act (Cap 390, 1994 Rev Ed) (“Misrepresentation Act”) is unsustainable because the Alleged Representati”

  • Referred to[2021] SGHC 193Case

    “ent; Contract] — [Misrepresentation] — [Rescission] — [Affirmation; Contract] — [Misrepresentation] — [Whether sufficient particulars pleaded; Contract] — [Misrepresentation] — [Silence; Contract] — [Misrepresentation Act] — [Section 2(1); Contract] — [Remedies] — [Mitigation of damage] [Credit and Security] — [Guarant”

  • Referred to[2021] SGHC 228Case

    “ever, was thereafter remitted to Mr Millsopp’s account in the UK. Mr Millsopp thus sued Mr Then and others, for misrepresentation (for fraudulent misrepresentation, alternatively for relief under the Misrepresentation Act (Cap 390, 1994 Rev Ed)), breach of contract, conspiracy, conversion, a trust over the Funds, and u”

  • Referred to[2021] SGHC 246Case

    “Contract] — [Misrepresentation] — [Fraudulent; Contract] — [Misrepresentation] — [Negligent; Contract] — [Misrepresentation] — [Inducement; Contract] — [Misrepresentation Act] — [Section 2(1)][Evidence] — [Admissibility of evidence] — [Hearsay; Tort] — [Misrepresentation] — [Fraud and deceit; Tort] — [Misrepresentation”

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Removal of certain bars to rescission for innocent misrepresentation

Where a person has entered into a contract after a misrepresentation has been made to him, and —

(a)

the misrepresentation has become a term of the contract; or

(b)

the contract has been performed,or both, then, if otherwise he would be entitled to rescind the contract without alleging fraud, he shall be so entitled, subject to the provisions of this Act, notwithstanding the matters mentioned in paragraphs (a) and (b).

Damages for misrepresentation

(1)

Where a person has entered into a contract after a misrepresentation has been made to him by another party thereto and as a result thereof he has suffered loss, then, if the person making the misrepresentation would be liable to damages in respect thereof had the misrepresentation been made fraudulently, that person shall be so liable notwithstanding that the misrepresentation was not made fraudulently, unless he proves that he had reasonable ground to believe and did believe up to the time the contract was made that the facts represented were true.

(2)

Where a person has entered into a contract after a misrepresentation has been made to him otherwise than fraudulently, and he would be entitled, by reason of the misrepresentation, to rescind the contract, then, if it is claimed, in any proceedings arising out of the contract, that the contract ought to be or has been rescinded, the court or arbitrator may declare the contract subsisting and award damages in lieu of rescission, if of opinion that it would be equitable to do so, having regard to the nature of the misrepresentation and the loss that would be caused by it if the contract were upheld, as well as to the loss that rescission would cause to the other party.

(3)

Damages may be awarded against a person under subsection (2) whether or not he is liable to damages under subsection (1), but where he is so liable any award under subsection (2) shall be taken into account in assessing his liability under subsection (1).

Avoidance of provision excluding liability for misrepresentation

If a contract contains a term which would exclude or restrict —

(a)

any liability to which a party to a contract may be subject by reason of any misrepresentation made by him before the contract was made; or

(b)

any remedy available to another party to the contract by reason of such a misrepresentation,that term shall be of no effect except in so far as it satisfies the requirement of reasonableness as stated in section 11(1) of the Unfair Contract Terms Act 1977, and it is for those claiming that the term satisfies that requirement to show that it does.

Saving for past transactions

Nothing in this Act applies in relation to any misrepresentation or contract of sale made before 12 November 1993 except in so far as it was applicable by virtue of section 5 of the Civil Law Act 1909 in force before that date.

Common questions

What is Misrepresentation Act 1967?
Misrepresentation Act 1967 is Singapore Act, cited as Act MA 1967, currently marked in force and first recorded in 1967.
Is Misrepresentation Act 1967 still in force?
Yes — Misrepresentation Act 1967 is currently in force.
When did Misrepresentation Act 1967 take effect?
Misrepresentation Act 1967 was first recorded in 1967.
How many sections does Misrepresentation Act 1967 have?
Misrepresentation Act 1967 contains 5 sections.
Where can I read the official version of Misrepresentation Act 1967?
The official text of Misrepresentation Act 1967 is published at sso.agc.gov.sg.

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