ABSTRACT
This article, based on the 2025 Harris Society Lecture, reviews a number of aspects of the law relating to actionable misstatements where the applicable principles remain unclear or appear unsatisfactory. The analysis is structured by reference to four aspects of a core misrepresentation claim: a statement by a defendant; to the claimant; where the instrumentality of loss is the claimant’s reliance on that statement; and, more specifically, reliance on the truth of that statement. The article considers the extent to which the law relating to actionable misrepresentations is prepared to ‘flex’ these requirements, and whether this flexibility undermines the distinction between different types of torts with their own distinct rules. It expresses surprise at the continuing uncertainty as to the precise limits of such a long-established and core species of liability in private law.
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David Foxton, ‘Careless whispers and (sweet) little lies’ establishing the boundaries of misstatement claims, Oxford University Commonwealth Law Journal. Published online: 28 November 2025.
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