Where a permn possesses a legal right, a Court of Equity will not interfere to restrain him from enforcing it, though, between the time of its creation and that of his attempt to enforce it, he has made representations of his intention to abandon it. Nor will Equity interfere even though the parties to whom these representations were made, have acted on them, and have, in full belief in them, entered into irrevocable engagements. To raise an equity in such a case, there must be a misrepresentation of existing facts, and not of mere intention (Lord St. Leonards dissentiente).
Per Lord St. Leonards, ‘ It is immaterial whether there is a misrepresentation of a fact as it actually existed, or a misrepresentation of an intention to do or abstain from doing an act which would lead tom the damage of the party whom you thereby induced to deal in marriage, or in purchase, or in anything of that sort, on the faith of that representation.’
Citations:
[1854] UKHL J50, [1854] 10 ER 868, (1854) HL 185, (1854) 5 HL Cas 185, [1854] EngR 787, (1854) 5 HLC 185, (1854) 10 ER 868, [1854] UKPC 22
Links:
Jurisdiction:
England and Wales
Undue Influence, Equity
Updated: 23 July 2022; Ref: scu.293644