Heller & Pnrs. (1964). This tort provides a remedy in the event of an inaccuracy made by a non-party to the contract.Elements of misrepresentationA. False statement of fact • Test for falsity = whether the statement is “substantially correct” – see Avon Insurance Plc. V. Swire Fraser Ltd. (2000) by Judge Rix.• The notion of “declaration” can extend to simple behavior without words. See p. at the time of the statement of intention the party did not actually have such an intention – see for example Edgington v Fitzmaurice (1885). - Statement of opinion, unless the maker of the statement did not actually express the opinion or had no reasonable grounds on which to base the opinion – see for example Bisset v Wilkinson (1927); Smith v. Land & House Property Corp. (1884), Humming Bird Motors Ltd. v. Hobbs