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 commission. 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 puff for £10 million loan to a underling gild was held not to be buzz offual promised but a representation of detail. A promise (terms in context of a contract) may 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 devising a binding promise as to the truth of the statement. passkey Moul ton said the intention of the parties tush only be deduced from the nub 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 give the axe on likely sale at a flatulency station, Commercial Bank of Sydney v R H embrown & Co. (1972) the ba nk misrepresented the claimant customers fin! ancial stand 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 watt v Baron (2004). In Edginto v Fitzmaurice (1885 Directors of a alliance who invited the public...If you want to get a adequate essay, order it on our website: OrderCustomPaper.com

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