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Acts

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Watford Electronics Ltd v Sanderson CFL Ltd: CA 23 Feb 2001

The plaintiff had contracted to purchase software from the respondent. The system failed to perform, and the defendant sought to rely upon its exclusion and limitation of liability clauses. Held: It is for the party claiming that a contract term satisfies the requirement of reasonableness to show that it does. To decide whether term was … Continue reading Watford Electronics Ltd v Sanderson CFL Ltd: CA 23 Feb 2001

Avon Insurance v Swire Fraser Ltd: 2000

The claimant sought damages, alleging misrepresentation. Held: Damages under section 2(1) of the 1967 Act are assessed on the fraud measure. The court drew a distinction between a factor which is observed or considered by a plaintiff, or even supports or encourages his decision, and a factor which is sufficiently important to be called a … Continue reading Avon Insurance v Swire Fraser Ltd: 2000

Fillite (Runcorn) Ltd v Aqua-Lift: CA 1989

The court considered whether claims arising from misrepresentation or breach of a collateral contrat were claims arising ‘under’ the contract so as to be governed by the disputes provisions in it. Held: The disputes did not arise ‘under the contract as such. Slade LJ said that the phrase ‘under a contract’ was not wide enough … Continue reading Fillite (Runcorn) Ltd v Aqua-Lift: CA 1989

Cremdean Properties Ltd v Nash: CA 1977

The defendant had relied on a non-reliance clause in the special conditions of a tender: ‘Messrs. Lalonde Bros and Parham for themselves, for the vendors or landlord whose agents they are give notice that (a) These particulars are prepared for the convenience of an intending purchaser or tenant and although they are believed to be … Continue reading Cremdean Properties Ltd v Nash: CA 1977

Resolute Maritime Inc v Nippon Kaiji Kyokai: 1983

On its proper construction the section is concerned only with the liability of that other party to the contract and not with the liability of an agent. Citations: [1983] 1 WLR 857 Statutes: Misrepresentation Act 1967 2(1) Cited by: Cited – MCI Worldcom International Inc v Primus Telecommunications Inc ComC 25-Sep-2003 The claimant sought judgment, … Continue reading Resolute Maritime Inc v Nippon Kaiji Kyokai: 1983

Inntrepreneur Pub Company (CPC) and Another v Sweeney: ChD 27 May 2002

The landlord sought an injunction against the defendant. The defendant countered, relying upon sec 2(1). Held: The remedy provided by the section was limited to the award of damages. It could not, therefore, be used to defend an action for an injunction. Whilst he might be entitled in equity to repudiate the lease, he could … Continue reading Inntrepreneur Pub Company (CPC) and Another v Sweeney: ChD 27 May 2002

Axa Insurance Co Ltd v Swire Fraser Ltd: CA 9 Dec 1999

Where an action was commenced before the new rules came into effect, but an application to strike out an action was issued and decided after they came into effect, that application could not be decided under the old rules. The new rules applied fundamentally different tests, and these tests had to be applied.Assessment of respective … Continue reading Axa Insurance Co Ltd v Swire Fraser Ltd: CA 9 Dec 1999

Zanzibar v British Aerospace (Lancaster House) Ltd: QBD 31 Mar 2000

In a contract for the purchase of airplanes, the plaintiff claimed misrepresentation, and as a result, rescission and damages. The issue was whether, once the right to rescind had been lost, any claim for damages had also lapsed under section 2(2). Held: The power to award damages was properly an alternative to rescission, which a … Continue reading Zanzibar v British Aerospace (Lancaster House) Ltd: QBD 31 Mar 2000

Society of Lloyd’s v D Leighs and Others; Society of Lloyd’s v D Wilkinson and Others (No. 2): ComC 23 Apr 1997

ComC Lloyd’s Litigation – Misrepresentation, fraudulent – Rescission, restitutio in integrum – Rescission, effect on third parties’ rights – Anti-set-off clauses, counterclaim for fraud – Pay now, sue later clauses, counterclaim for fraud – Lloyd’s, membership, rescission – Misrepresentation Act 1967, Section 3, meaning – Stay of Execution, contractually excluded Judges: Colman J Citations: [1997] … Continue reading Society of Lloyd’s v D Leighs and Others; Society of Lloyd’s v D Wilkinson and Others (No. 2): ComC 23 Apr 1997

Neighbour v Barker: CA 1992

Purchasers had set out to buy the property without having a survey, relying upon representations as to its condition, later found to be fraudulent, from the vendor. The condition was discovered only after exchange of contracts. The purchasers’ solicitors were not negligent in advising the purchaser as to the dire consequences of not completing, since … Continue reading Neighbour v Barker: CA 1992

Kemp Properties (UK) Ltd v Dentsply Research and Development Corporation: 1991

The measure of damages is the same as for fraudulent misrepresentation i.e. all loss caused by the plaintiff having been induced to enter into the contract. Judges: Bingham LJ Citations: [1991] 2 EGLR 197 Statutes: Misrepresentation Act 1967 2(1) Jurisdiction: England and Wales Cited by: Cited – William Sindall Plc v Cambridgeshire County Council CA … Continue reading Kemp Properties (UK) Ltd v Dentsply Research and Development Corporation: 1991

HIH Casualty and General Insurance Limited and others v Chase Manhattan Bank and others: HL 20 Feb 2003

The insurance company had paid claims on policies used to underwrite the production of TV films. The re-insurers resisted the claims against them by the insurers on the grounds of non-disclosure by the insured, or in the alternative damages for misrepresentation. The policies were novel and sophisticated contracts and included clauses modifying the duties of … Continue reading HIH Casualty and General Insurance Limited and others v Chase Manhattan Bank and others: HL 20 Feb 2003

National Westminster Bank v Utrecht-America Finance Company: CA 10 May 2001

An agreement between the parties for assignment or novation of a credit agreement, contained a ‘take out’ agreement (‘TOA’). The defendant began proceedings in California to rescind the agreement, and the claimants obtained summary judgement under the TOA and an injunction to prevent the defendants proceeding in California. The defendants appealed. There were allegations of … Continue reading National Westminster Bank v Utrecht-America Finance Company: CA 10 May 2001

Taberna Europe Cdo Ii Plc v Selskabet Af 1 September 2008 In Bankruptcy: CA 8 Dec 2016

Moore-Bick VP CA, Tomlinson, Simon LJJ [2016] EWCA Civ 1262, [2016] WLR(D) 660 Bailii, WLRD Misrepresentation Act 1967 2(1) England and Wales Citing: Appeal from – Taberna Europe Cdo Ii Plc v Selskabet Af1.September 2008 In Bankruptcy ComC 30-Mar-2015 The claimant claimed substantial damages in respect of one or more alleged misrepresentations made by or … Continue reading Taberna Europe Cdo Ii Plc v Selskabet Af 1 September 2008 In Bankruptcy: CA 8 Dec 2016

Trident Turboprop (Dublin) Ltd v First Flight Couriers Ltd: CA 2 Apr 2009

The appellant entered into two aircraft leasing agreements but were unable to maintain payments. They appealed against rejection of their argument that the agreements were not exempt from the controls under the 1977 Act by being international supply agreements. Held: The appeal failed. The intention of section 26 was to exclude such agreements entirely from … Continue reading Trident Turboprop (Dublin) Ltd v First Flight Couriers Ltd: CA 2 Apr 2009

Avrora Fine Arts Investment Ltd v Christie, Manson and Woods Ltd: ChD 27 Jul 2012

The claimants had bought a painting (Odalisque) through the defendant auctioneers. They now claimed that it had been misattributed to Kustodiev, and claimed in negligence and misrepresentation. Held: Based on the connoisseurship evidence, the painting was likely not to be by Kustodiev. The claimant was entitled under the contract to cancel the contract and recover … Continue reading Avrora Fine Arts Investment Ltd v Christie, Manson and Woods Ltd: ChD 27 Jul 2012

Investors Compensation Scheme Ltd v West Bromwich Building Society: HL 19 Jun 1997

Account taken of circumstances wihout ambiguity The respondent gave advice on home income plans. The individual claimants had assigned their initial claims to the scheme, but later sought also to have their mortgages in favour of the respondent set aside. Held: Investors having once assigned their causes of action to the ICS, could not later … Continue reading Investors Compensation Scheme Ltd v West Bromwich Building Society: HL 19 Jun 1997

Cleaver and Others v Schyde Investments Ltd: CA 29 Jul 2011

The parties had contracted for the sale of land. The purchaser secured the rescinding of the contract for innocent misrepresentation. A notice of a relevant planning application had not been passed on by the seller’s solicitors. The seller appealed saying that the judge had been wrong to find that condition 7.1.3 of the Standard Conditions … Continue reading Cleaver and Others v Schyde Investments Ltd: CA 29 Jul 2011

Doyle v Olby (Ironmongers) Ltd: CA 31 Jan 1969

The plaintiff had been induced by the fraudulent misrepresentation of the defendant to buy an ironmonger’s business for 4,500 pounds plus stock at a valuation of 5,000 pounds. Shortly after the purchase, he discovered the fraud and started the action. But despite this he had to remain in occupation: ‘he had burned his boats and … Continue reading Doyle v Olby (Ironmongers) Ltd: CA 31 Jan 1969

Green v Eadie and Others: ChD 18 Nov 2011

The claimant as PR of her husband’s estate sought damages for misrepresentation and, against his former solicitiors for negligence in regards to the boundaries of a property he had bought from the first defendants using the second defendants as his solicitors. The first defendant said the claim was time barred. The six year period had … Continue reading Green v Eadie and Others: ChD 18 Nov 2011

Jarvis v Swans Tours Ltd: CA 16 Oct 1972

The plaintiff had booked a holiday through the defendant travel tour company. He claimed damages after the holiday failed to live up to expectations. Held: In appropriate cases where one party contracts to provide entertainment and enjoyment, including a contract for a holiday, damages can be recovered for mental distress and vexation. The damages awarded … Continue reading Jarvis v Swans Tours Ltd: CA 16 Oct 1972

London Borough of Haringey v Hines: CA 20 Oct 2010

The authority sought rescission of a lease granted to the defendant under the right to buy scheme, saying that she had misrepresented her occupation when applying. The tenant replied that no adequate evidence had been brought that she was not a secure tenant. The authority had set out several statements as to her occupation by … Continue reading London Borough of Haringey v Hines: CA 20 Oct 2010

William Sindall Plc v Cambridgeshire County Council: CA 21 May 1993

Land was bought for development, but the purchaser later discovered a sewage pipe which very substantially limited its development potential. The existence of the pipe had not been disclosed on the sale, being unknown to the seller. Held: Under the National Conditions of Sale, it is the purchaser who takes the risk of there being … Continue reading William Sindall Plc v Cambridgeshire County Council: CA 21 May 1993

Walker v Boyle: 1982

A property was sold subject to the National Conditions of Sale (19th edition). Condition 17(1) of the conditions provided that ‘no error, the statement or omission in any preliminary answer concerning the property . . shall annul the sale’. There . .

Corner v Munday: 7 Jan 1987

(Middlesborough County Court) The seller had left the house before marketing it. The buyer made an offer. In answer to the pre-contract enquiries, the seller told the buyer that the central heating was in good order, which was true at the time. . .

Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd (The Wagon Mound No 1): PC 18 Jan 1961

Foreseeability Standard to Establish Negligence Complaint was made that oil had been discharged into Sydney Harbour causing damage. The court differentiated damage by fire from other types of physical damage to property for the purposes of liability in tort, saying ‘We have come back to the plain common sense stated by Lord Russell of Killowen … Continue reading Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd (The Wagon Mound No 1): PC 18 Jan 1961

Berezovsky v Forbes Inc and Michaels; Glouchkov v Same: HL 16 May 2000

Plaintiffs who lived in Russia sought damages for defamation against an American magazine with a small distribution in England. Both plaintiffs had real connections with and reputations in England. A judgment in Russia would do nothing to repair the reputations in England, and accordingly the proper place to sue was in England. Under English law … Continue reading Berezovsky v Forbes Inc and Michaels; Glouchkov v Same: HL 16 May 2000

Mutual Life And Citizens’ Assurance Co Ltd And Another v Evatt: PC 16 Nov 1971

The plaintiff had been an investor with the defendant. He asked them about an associated company. He was given advice which was incorrect. He claimed damages for negligence. Held: The company was not itself in the business of giving such advice. The advice had been gratuitous. The company had appreciated that he might act on … Continue reading Mutual Life And Citizens’ Assurance Co Ltd And Another v Evatt: PC 16 Nov 1971

Blackpool and Fylde Aero Club Ltd v Blackpool Borough Council: CA 25 May 1990

The club had enjoyed a concession from the council to operate pleasure flights from the airport operated by the council. They were invited to bid for a new concession subject to strict tender rules. They submitted the highest bid on time, but the council staff did not open the bid until after the time, and … Continue reading Blackpool and Fylde Aero Club Ltd v Blackpool Borough Council: CA 25 May 1990

Mackender v Feldia AG: CA 1966

A clause provided that an insurance policy should be governed by Belgian law and that ‘any disputes arising thereunder shall be exclusively subject to Belgian jurisdiction.’ The underwriters avoided the contract for non-disclosure of material facts and submitted that the jurisdiction clause could no longer apply because there ‘is no contract and there was no … Continue reading Mackender v Feldia AG: CA 1966

Cheltenham Borough Council v Laird: QBD 15 Jun 2009

The council sought damages saying that their former chief executive had not disclosed her history of depressive illness when applying for her job. Held: The replies were not dishonest as the form could have been misconstrued. The claim failed. Hamblen J [2009] EWHC 1253 (QB) Bailii England and Wales Citing: Cited – Fowkes And Another, … Continue reading Cheltenham Borough Council v Laird: QBD 15 Jun 2009

Devenish Nutrition Ltd v Sanofi-Aventis Sa (France) and others: CA 14 Oct 2008

The defendant had been involved in price fixing arrangements, and the claimant sought damages for breach of its proprietary rights. The claimant appealed refusal of an award an account of profits for what was akin to a breach of statutory duty. Held: The appeal failed. An account of profits should be available in a cartel … Continue reading Devenish Nutrition Ltd v Sanofi-Aventis Sa (France) and others: CA 14 Oct 2008

Total Network Sl v Revenue and Customs: HL 12 Mar 2008

The House was asked whether an action for unlawful means conspiracy was available against a participant in a missing trader intra-community, or carousel, fraud. The company appealed a finding of liability saying that the VAT Act and Regulations contained the entire regime. Held: Criminal conduct at common law or by statute can constitute unlawful means … Continue reading Total Network Sl v Revenue and Customs: HL 12 Mar 2008

British Telecommunications Plc; Virgin Enterprises Ltd; J Sainsbury Plc; Marks and Spencer Plc and Ladbroke Group Plc v One In a Million Ltd and others: CA 23 Jul 1998

Registration of a distinctive Internet domain name using registered trade marks and company names could be an infringement of a registered Trade Mark, and also passing off. It was proper to grant quia timet injunctions where necessary to stop registration: ‘a jurisdiction to grant injunctive relief where a defendant is equipped with or is intending … Continue reading British Telecommunications Plc; Virgin Enterprises Ltd; J Sainsbury Plc; Marks and Spencer Plc and Ladbroke Group Plc v One In a Million Ltd and others: CA 23 Jul 1998

Hadley v Baxendale: Exc 23 Feb 1854

Contract Damages; What follows the Breach Naturaly The plaintiffs had sent a part of their milling machinery for repair. The defendants contracted to carry it, but delayed in breach of contract. The plaintiffs claimed damages for the earnings lost through the delay. The defendants appealed, saying that the damages were too remote. Held: The case … Continue reading Hadley v Baxendale: Exc 23 Feb 1854

Barlow Clowes International Ltd and Others v Henwood: CA 23 May 2008

The receiver appealed against an order finding that the debtor petitioner was not domiciled here when the order was made. The debtor had a domicile of origin in England, but later acquired on in the Isle of Man. He then acquired a home in Mauritius and left IOM. The creditor said that new home was … Continue reading Barlow Clowes International Ltd and Others v Henwood: CA 23 May 2008

Dunlop Pneumatic Tyre Company Ltd v New Garage and Motor Company Ltd: HL 1 Jul 1914

The appellants contracted through an agent to supply tyres. The respondents contracted not to do certain things, and in case of breach concluded: ‘We agree to pay to the Dunlop Pneumatic Tyre Company, Ltd. the sum of 5 l. for each and every tyre, cover or tube sold or offered in breach of this agreement, … Continue reading Dunlop Pneumatic Tyre Company Ltd v New Garage and Motor Company Ltd: HL 1 Jul 1914