Thursday, October 10, 2013

Misrepresentation

MISREPRESENTATION English law does non recognise the existence of a general duty to disclose information, it does however impose a duty non to make false delegation. Representation merely asserts the umpire of a given demesne of concomitant and it is not a promise Kleinwort Benson Ltd v Malaysia Mining Corporation Berhad (1989) earn of sympathiser for £10 million loan to a underling attach to was held not to be entreatual promised but a representation of event. A promise (terms in context of a contract) whitethorn be defined as a dictation by which the manufacturer accepts an obligation to do or not do something. Legal representation is a statement of fact which begins a party to come to a contract or other act to his detriment. The distinction between terms and representations rests upon the spirit of the parties as objectively ascertained i.e. did the parties intend that the statement maker was qualification a binding promise as to the truth of the stateme nt. master Moulton said the intention of the parties sens only be deduced from the entireness of evidence and no secondary principle of such(prenominal) kind can be universally true - Heilbut, Symons &Co. v Buckelton (1913). Misrepresentation lies on the boundary of contract, tort and restitution.
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Misrepresentation may therefore be defined as unambiguous, false state of fact or fact which is addressed to the party misled to induce them to enter into a contract Esso Petroleum Esso Petroleum Co. Ltd v Mardon (1976) Expert notify on likely sale at a gas station, Commercial Bank of Sydney v R H embrown & Co. (1972) the ba nk misrepresented the claimant customers fin! ancial stand up was held responsible for the damages. The must induced the representee to enter into a contract and the onus lies on representor to show that the representee did not in fact rely on the representation Museprime Properties limit v Adhill Properties Ltd (1991) and County Nat western United States v Baron (2004). In Edginto v Fitzmaurice (1885 Directors of a smart set who invited the public...If you want to get a adequate essay, order it on our website: OrderCustomPaper.com

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