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St. Ann Municipal Corporation Office of the Contractor General November 2017
The Court of Appeal case
Derry v Peek
146
has stated in
relation to the formation of contracts
that,
liability for a fraudulent representation may be “
imposed on a defendant if it can be shown that he did not
honestly believe the truth of the statement.
If a man makes a statement, intending it to be acted upon by
other, knowing it to be untrue, or has reasonable grounds to believe it to be untrue, he commits a fraud.
To establish liability, it is not necessary to show that he should have known the statement was false. Once
it is made it is shown that he has no belief in it, this is affirmation which renders him liable
.”
Importantly, the Black’s Law Dictionary defines “misrepresentation” in the following manner:
“…
being a false assertion of fact
,
commonly takes the
form of spoken or written words. Whether a statement is
false depends on the meaning of the words in the
circumstances, including what may be fairly inferred from
them.
An assertion may also be inferred from conduct other
than words.
Concealment or even non-disclosure may have
the effect of a misrepresentation...
[A]n assertion need not
be fraudulent to be a misrepresentation.
Thus a statement
intended to be truthful may be a misrepresentation because
of ignorance or carelessness, as when the word ‘not’ is
inadvertently omitted or when inaccurate language is used.
But a misrepresentation that is not fraudulent has no
consequences…unless it is material”.
Representations Made by Alleged Subcontractors of Mrs. Joan McDonald
Donnette Hamilton
Ms. Donnette Hamilton was awarded a total of two (2) contracts by the St. Ann Municipal Corporation
during the period 2012 to 2015 valued at $90,000.00 and $500,000.00. Ms. Donnette Hamilton, by way of
146
[1886- 90] All ER as cited in Supreme Court Appeal No. 133/05.