(1)  A party to a retail lease is liable to pay another party to the lease (the injured party ) reasonable compensation for damage suffered by the injured party that is attributable to the injured party entering into the lease as a result of –

(a) a false or misleading statement of the other party; or

(b) a false or misleading representation of the other party.

(2)  The giving of a landlord’s disclosure statement to a prospective tenant under a retail lease is taken to be the making of a representation by the landlord to the tenant as to the information contained in the disclosure statement.

(3)  A statement given by the tenant to a prospective landlord under a retail lease –

(a) that the prospective tenant has sought independent legal advice; or

(b) as to the statements or representations relied on by the prospective tenant in entering the lease –

is taken to be the making of a representation by the tenant to the landlord.