The manager of real property owned by the respondents had fraudulently mortgaged it. Following discovery of their manager’s fraud the respondents had delayed for three weeks before telling the purported mortgagees of the forgery, as a result of which the latter complained that they had lost the opportunity during those weeks to take action against the manager.
Held: The respondents’ delay in giving them that information had been in breach of their legal duty and amounted to a contrary representation. Nevertheless there was no estoppel since the prejudice to the purported mortgagees had not been material.
Citations:
[1951] AC 489
Cited by:
Cited – Timothy Ellis v London Borough of Lambeth CA 9-Jul-1999
A squatter claiming possession of land as against a local authority should not have his claim defeated because he had not completed a form which would lead to payment of community charge to the authority. His possession was not thereby made secret, . .
Lists of cited by and citing cases may be incomplete.
Estoppel
Updated: 29 April 2022; Ref: scu.187457