(Orse Traill v Baring) The court considered a misrepresentation by conduct before contract. Turner LJ said: ‘I take it to be quite clear, that if a person makes a representation by which he induces another to take a particular course, and the circumstances are afterwards altered to the knowledge of the party making the representation, but not to the knowledge of the party to whom the representation is made, and are so altered that the alteration of the circumstances may affect the course of conduct which may be pursued by the party to whom the representation is made it is the imperative duty of the party who has made the representation to communicate to the party to whom the representation has been made the alteration of those circumstances and that this Court will not hold the party to whom the representation has been made bound unless such a communication has been made.’
Turner LJ
(1864) 4 De G J and S318, [1864] EngR 106, (1864) 4 Giff 485, (1864) 66 ER 797, [1864] EngR 312 (B), (1864) 4 De G J and S 318
Commonlii, Commonlii
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 . .
Cited – Director of Public Prosecutions v Ray HL 25-Jul-1973
The defendant ordered a meal at a restaurant believing his companion would lend him the money to pay. He later decided to seek to avoid payment and took a opportunity to escape.
Held: The appeal was allowed and the conviction restored. The . .
Lists of cited by and citing cases may be incomplete.
Updated: 10 October 2021; Ref: scu.194208