CONTRACT LAW ā Misrepresentation ā Parties ā Misrepresentor and Misrepresentee Must Be Distinct
Principle Statement
To constitute a misrepresentation, the misrepresentor and the misrepresentee must be distinct from one another. Thus where a person who claims to have been deceived by a misrepresentation is in effect the same as the person who is alleged to have made it, then there is no misrepresentation in law.
Ratio Decidendi (Source)
Per Tabai, JSC, in Teriba v. Adeyemo (2010) NLC-123-47-2003(SC) at p. 17; Paras DāE.
"To constitute a misrepresentation, the misrepresentor and the misrepresentee must be distinct from one another. Thus where a person who claims to have been deceived by a misrepresentation is in effect the same as the person who is alleged to have made it, then there is no misrepresentation in law."
Explanation / Scope
This principle establishes that for misrepresentation to exist, the person making the representation (misrepresentor) and the person receiving it (misrepresentee) must be distinct. A person cannot misrepresent to themselves. The principle applies in claims for misrepresentation. It ensures that the parties are distinct. The principle reflects the nature of misrepresentation as a communication between parties. It prevents a person from claiming misrepresentation against themselves. The court must determine if the parties are distinct. The principle provides guidance on the elements of misrepresentation.
