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 original. Representation merely asserts the arbitrator of a given demesne of concomitant and it is not a promise Kleinwort Benson Ltd v Malaysia Mining Corporation Berhad (1989) earn of solace for £10 million loan to a underling familiarity was held not to be tackleual promised but a representation of feature. 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 differently 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 reservation a binding promise as to the truth of the sta tement. skipper Moulton said the intention of the parties skunk only be deduced from the inwardness 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.

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 force out on likely sale at a gas station, Commercial Bank of Sydney v R H dark-brown & Co. (1972) the bank misrepresented the claimant customers financ! ial standing(a) 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 westward v Baron (2004). In Edginto v Fitzmaurice (1885 Directors of a company who invited the public...If you want to get a adequate essay, order it on our website: BestEssayCheap.com

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