Where a misrepresentation induces entry into a contract, the plaintiff must establish that but for the contravention it would not have entered into a contract on substantially the same terms; if the plaintiff would have entered a similar contract at about the same price, no loss is caused by the contravention. Non-disclosure of corporate restructuring plans does not contravene s 52 where no representation about group structure was made during the relevant negotiations and the restructuring does not sever the commercial association between the contracting parties. For the tort of inducing breach of contract, the defendant must be shown to have known that the acts procured would constitute a breach of contract; mere concurrence in a decision without such knowledge is insufficient.
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