The pursuer agreed to purchase a second-hand car from a car dealer on the basis of an assurance that the mileage shown on the odometer was genuine. It was alleged that this assurance was false and that the pursuers were entitled to damages. The action was dismissed on the ground, among others, that in an action founded on misrepresentations inducing contract the representations had to be fraudulent and that the pursuers’ pleadings contained no such averment. A claim for damages will not follow an innocent misrepresentation.
Citations:
1981 SC 355
Jurisdiction:
England and Wales
Cited by:
Cited – Stewart v Perth and Kinross Council HL 1-Apr-2004
The claimant challenged refusal of a licence to sell second hand cars, saying that the licensing requirements imposed were outwith the Act under which they had been made. The licensing scheme imposed additional requirements.
Held: Though a . .
Lists of cited by and citing cases may be incomplete.
Scotland, Torts – Other
Updated: 25 November 2022; Ref: scu.195468
