In a preceding comment in this series, the various remedies affording relief for misrepresentation were examined for the purpose of determining what remedies are available in case of an innocent misrepresentation. Discussion was directed toward actions for damages for deceit, actions at law and in equity for restitution, the recovery of damages for breach of warranty, and the action based on the enforcement of representations on a theory of estoppel. The purpose of the present comment is to re-examine these remedies to determine what relief can be obtained by each of them, assuming for this purpose that all of the remedies will be available in each case. Another remedy, reformation of a written instrument, will also be considered.
Richard J. Archer S.Ed.,
CONTRACTS-REMEDIES FOR MISREPRESENTATION-MEASURE OF RECOVERY,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol46/iss7/6