A ship was sold ‘to be taken with all faults’. In fact the vendor knew that she was unseaworthy. The particulars of sale stated that her hull was ‘nearly as good as when launched’. In fact the hull was rotten and the captain took her to a place where he kept her constantly afloat. Held The knowledge of the captain should be imputed to the owner of the ship, and that the contract should be set aside for misrepresentation.
Judges:
Mansfield CJ
Citations:
(1813) 3 Camp 506
Jurisdiction:
England and Wales
Cited by:
Cited – Spice Girls Ltd v Aprilia World Service Bv ChD 24-Feb-2000
Disclosure Duties on those entering into contract
The claimants worked together as a five girl pop group. The defendants had signed a sponsorship agreement, but now resisted payment saying that one of the five, Geri, had given notice to leave the group, substantially changing what had been . .
Lists of cited by and citing cases may be incomplete.
Contract
Updated: 24 November 2022; Ref: scu.194203