(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. Contracts were not exchanged until three months later when the water froze, cracking … Continue reading Corner v Munday: 7 Jan 1987
Doyle -v- Olby (Ironmongers) Ltd was an appropriate way of assessing damages for an action under the Act, and damages are calculated on the basis of fraud.A client misled into an investment is entitled to the measure of damages he would receive for a fraud. Citations: [1991] 2 QB 297, [1991] EWCA Civ 12 Links: … Continue reading Royscot Trust Ltd v Rogerson: 1991
The defendants sought summary judgment strinking out the claims against them in deceit and misrepresentation in the making of an agreement for a sale of the claimant’s share of the net profits in an oil concession. Held: Before giving summary judgment under CPR 24(a)(i) the Court must be satisfied that the Claimant has no real … Continue reading Mabanga v Ophir Energy Plc and Another: QBD 15 Jun 2012
Judges: Mr Justice Teare Citations: [2017] EWHC 3107 (Comm) Links: Bailii Statutes: Misrepresentation Act 1967 2(1) Jurisdiction: England and Wales Citing: See Also – Aspen Underwriting Ltd and Others v Kairos Shipping Ltd and Others ComC 27-Jul-2017 . . Cited by: Appeal from – Aspen Underwriting Ltd and Others v Credit Europe Bank Nv CA … Continue reading Aspen Underwriting Ltd and Others v Credit Europe Bank Nv: ComC 1 Dec 2017
Moore-Bick LJ discussed whether the court should give effect to a non-reliance clause in a contract saying: ‘It is common to include in certain kinds of contracts an express acknowledgement by each of the parties that they have not been induced to enter the contract by any representations other than those contained in the contract … Continue reading Peekay Intermark Ltd v Australia and New Zealand Banking Group Ltd: CA 6 Apr 2006
Citations: [2004] EWHC 323 (Ch) Links: Bailii Statutes: Misrepresentation Act 1967 2(1) Jurisdiction: England and Wales Torts – Other Updated: 30 June 2022; Ref: scu.239288
Citations: [1978] 1 QB 574 Statutes: Misrepresentation Act 1967 2(1) Jurisdiction: England and Wales Contract Updated: 31 May 2022; Ref: scu.186449
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
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
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
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
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
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
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
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
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
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
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
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
The defendant had made misrepresentations, inducing the claimant to enter into share transactions which he would not otherwise have entered into, and which lost money.
Held: A deceitful wrongdoer is properly liable for all actual damage . .
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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
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
