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Law Reform (Miscellaneous Provisions) (Scotland) Act 1985

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10Negligent misrepresentation

(1)A party to a contract who has been induced to enter into it by negligent misrepresentation made by or on behalf of another party to the contract shall not be disentitled, by reason only that the misrepresentation is not fraudulent, from recovering damages from the other party in respect of any loss or damage he has suffered as a result of the misrepresentation ; and any rule of law that such damages cannot be recovered unless fraud is proved shall cease to have effect.

(2)Subsection (1) applies to any proceedings commenced on or after the date on which it comes into force, whether or not the negligent misrepresentation was made before or after that date, but does not apply to any proceedings commenced before that date.

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