(Inner House) An innocent misrepresentation does not give rise to damages. To be actionable it must be made fraudulently, but a person to whom a fraudulent representation of the profitability of a business, or a business opportunity, had been made might recover his loss of his subsequent investment in that business.
(1898) 1 F 171, 36 Sc LR 94, 6 SLT 190, [1898] ScotCS CSIH – 1, [1898] SLR 36 – 94
Bailii, Bailii
Scotland
Citing:
Cited – Le Lievre v Gould CA 6-Feb-1893
Mortgagees of the interest of a builder under a building agreement, advanced money to him from time to time, relying upon certificates given by a surveyor as to stages reached. The surveyor was not appointed by the mortgagees, and there was no . .
Cited by:
Cited – Barry and Barry v Sutherland SCS 23-Nov-2001
The pursuers alleged that the defender had made fraudulent misrepresentations to them when selling them his bar business. On entry they had found a set of accounts showing a lower turnover, and exercised an option to break their lease.
Held: . .
Cited – Cramaso Llp v Ogilvie-Grant, Earl of Seafield and Others SC 12-Feb-2014
The defenders owned a substantial grouse moor in Scotland. There had been difficulties with grouse stocks, and steps taken over years to allow stocks to recover. They had responded to enquiries from one Mr Erskine with misleading figures. Mr Erskine . .
Lists of cited by and citing cases may be incomplete.
Updated: 07 August 2021; Ref: scu.195467