A deceit was alleged.
Wilson J said: ‘The representation need not be the sole inducement in sustaining the loss. If it plays some part, even if only a minor part, in contributing to the course of action taken a causal connection will exist.’ and ‘If a material representation is made which is calculated to induce the representee to enter into a contract and that person in fact enters into the contract there arises a fair inference of fact that he was induced to do so by the representation.’
Wilson J referred to a situation in which one party ‘has made false statements to [others] intending thereby to induce [them] to enter into a contract and those statements are of such a nature as would be likely to provide such inducement’, saying that, ‘common sense would demand the conclusion the false representations played at least some part in inducing the plaintiff to enter into the contract’.
Judges:
Gibbs CJ, Murphy, Wilson, Brennan and Dawson(5) JJ.
Citations:
(1984) 157 CLR 215, [1984] HCA 68, (1984) 56 ALR 31, (1984) 58 ALJR 560
Links:
Jurisdiction:
Australia
Cited by:
Cited – Hayward v Zurich Insurance Company Plc SC 27-Jul-2016
The claimant had won a personal injury case and the matter had been settled with a substantial payout by the appellant insurance company. The company now said that the claimant had grossly exaggerated his injury, and indeed wasfiully recovered at . .
Lists of cited by and citing cases may be incomplete.
Torts – Other
Updated: 06 May 2022; Ref: scu.588900
