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Legal Eagle

Defamation

Q: Bogus claims on a CV

I have been working on a show for several weeks and already have had a number of very favourable reviews, to the, delight of the producers. What they do not know is that I gave an exaggerated account of my previous experience. If I set the record straight what legal repercussions will I face?

A: It depends what you mean by "an exaggerated account." A little bit of puff or poetic licence may be immaterial and even possibly expected. If, however, you were engaged as a result of a serious misrepresentation which comes to the knowledge of the other party concerned, that party will be entitled to terminate the contract and look to you for damages for a any pecuniary loss sustained by reason of your misrepresentation, although in the circumstances you describe, it seems unlikely that there would have been any such loss.

In order for a party to establish a good cause of action for misrepresentation, it is necessary for them to show that there was a false representation of a material fact, which was intended to induce and did in fact induce them to enter into the contract, although it need not have been the sole inducement. The statement must be one of present or past fact and not a mere statement of belief or opinion or forecast. Mere praise of one's own ability, however misguided, is not a representation nor is it an exaggerated generalisation, although it may be if mixed with false details, facts or figures.

In a serious case, a misrepresentation may be regarded as fraudulent so as to give rise to an action for deceit, in tort rather than contract, but the consequences are much the same.

A contract induced by misrepresentation is voidable, rather than void, which means that the other party has the option to rescind it or affirm it. Without knowing the circumstances I am unable to judge the seriousness of your concern but if, as you say, the producers are delighted with the result of your performance, it seems unlikely that they will take any action if you set the record straight, although there is undoubtedly a risk of their doing so, and the absence of damage is immaterial. They could also tell others in the industry about it and damage your reputation without you being able to complain because they would not be saying anything untrue.

It may be best to let sleeping dogs lie, at least until you judge that your relationship with the producers is so firmly cemented that it will not be damaged by disclosure of something about which you will hopefully be able to have a good laugh with them at your own expense.

After all, you will not be the first person have obtained a part by subterfuge and then gone on to be a huge success. There are a number of household names who started out that way, which does not, of course, mean subterfuge or misrepresentation should be encouraged.

First published October 1996