Andrew has recently had a big win on the lottery and has decided to purchase a company. He is extremely disappointed with the result of the contract and would like to know if there is anything that can be done about them.

Contract one was with John, for the purchase of the company. During negotiations for the contract, Andrew enquired about the state of the accounts of the company, specifically, whether the company was profitable. John said this - "I'm unsure, but it is my opinion that the company is profitable. However, I will

check the accounts in the next week, if you do not hear from me you can assume all is well". After a week, Andrew hears nothing. The contract is then signed, but when Andrew receives the accounts he is upset to find the company has not profited in the last 6 months.

Would Andrew's conduct amount to a misrepresentation? If so, is it actionable, and could you ascertain what type of misrepresentation has been made?