The claimant sought to allege that the defendant company director was personally liable after misrepresentations as to the company’s creditworthiness in ordering goods when the defendant was really insolvent.
Held: The defendant’s appeal failed. The facts did not fall within the scope of section 6: ‘There was no purpose or intention on the part of the appellants, when they made the relevant representations, that Titan should obtain money. Still less was there a purpose or intent that Titan should obtain goods, since the relevant goods had been obtained many months before.’
Judges:
Longmore, Hallett, Black LJJ
Citations:
[2011] EWCA Civ 1126, [2012] QB 752, [2012] 3 WLR 469, [2012] 1 All ER (Comm) 659, [2012] 1 All ER 1305, [2011] NPC 101
Links:
Statutes:
Statute of Frauds Act 1677 4, Statute of Frauds (Amendment) Act 1828 6
Jurisdiction:
England and Wales
Citing:
Cited – Pasley v Freeman 1789
Tort of Deceit Set Out
The court considered the tort of deceit. A representation by one person that another person was creditworthy was actionable if made fraudulently. A false affirmation made by the defendant with intent to defraud the plaintiff, whereby the plaintiff . .
Cited – Lyde v Barnard CExC 1836
The question before the court was whether a misrepresentation, that a particular fund in which Lord Edward Thynne had a life interest was charged with only three annuities, was a representation relating to Lord Edward’s credit or ability within the . .
Lists of cited by and citing cases may be incomplete.
Torts – Other, Company
Updated: 20 September 2022; Ref: scu.445404