Misrepresentation Act 1967 (United Kingdom) as a Model for Misrepresentation Laws in Malaysia

Malaysian laws regarding misrepresentation in contracts are governed by Section 18 of the Contract Act 1950. However, as a result of this Act having not undergone any amendments in recent years despite its coming into force so long ago, there are several weaknesses that require attention. In an effort to improve the law, the Misrepresentation Act 1967 (United Kingdom) which governs incidences of contractual misrepresentation is deemed as appropriate reference material. This Act contains six sections that include provisions for remedy in cases of misrepresentation as well as exemption of liability for misrepresentation in contracts. Prior to the Misrepresentation Act 1967, incidences of contractual misrepresentation were governed by common law and equity. The enactment of the Misrepresentation Act 1967 was seen as an improvement in the United Kingdom’s legal system in dealing with cases of contractual misrepresentation, and as such can be used as a model for amendments to misrepresentation laws in Malaysia. Through the use of content analysis via a comparative approach, this article seeks to explore the development of the Misrepresentation Act 1967 and the significance of the changes to that act in the United Kingdom. This study determined that the drafting of the Misrepresentation Act 1967 represents a restructuring of contractual misrepresentation laws which is more systematic and efficient in the United Kingdom, particularly from the aspect of remedy and exemption of liability in misrepresentation.