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Case Summaries

Case Summaries ⋆

Attwood v Small [1838]
Attwood v Small [1838] 6 Cl & F 232 dealt with the issue of misrepresentation and whether it is actionable when its accuracy is independently verified by the representee, even if the verification process did not uncover the misrepresentation.The ...
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Horsfall v Thomas [1862]
Horsfall v Thomas [1862] 1 H&C 90 addressed the issue of whether the concealment of a latent defect, known to the seller, could constitute an implied fraudulent misrepresentation. The case clarified the distinction between latent and patent defec...
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Redgrave v Hurd [1881]
Redgrave v Hurd [1881] 20 Ch D 1 is a significant English contract law case that deals with the issue of misrepresentation. The ruling in this case establishes the principle that a contract can be rescinded for innocent misrepresentation, even if the...
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Museprime Properties Ltd v Adhill Properties Ltd [1991]
Museprime Properties Ltd v Adhill Properties Ltd [1991] 61 P & CR 111 dealt with issues related to misrepresentation and the consequential impact on a contract. The central principle established in this case is that if a misrepresentation would h...
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Hayward v Zurich Insurance Company Plc [2016]
Hayward v Zurich Insurance Company Plc [2016] UKSC 48 is a Supreme Court case that addressed a legal dispute stemming from an injury suffered by Mr Hayward at work in June 1998.Despite admitting liability, Mr Hayward deliberately and dishonestly exag...
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Derry v Peek [1889]
Derry v Peek [1889] UKHL 1 is a landmark case in English contract law that delves into the realms of fraudulent misrepresentation and the tort of deceit. The case established a pivotal 3-part test for fraudulent misrepresentation, asserting that a de...
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Doyle v Olby (Ironmongers) Ltd [1969]
Doyle v Olby (Ironmongers) Ltd [1969] 2 QB 158 is a significant English contract law case that revolves around fraudulent misrepresentation, shedding light on the distinct measures of damages applicable to deceit and breach of contract.The factual ba...
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East v Maurer [1990]
East v Maurer [1990] EWCA Civ 6 is a notable case in English contract law, focusing on the issue of misrepresentation.The facts of the case revolve around Maurer's fraudulent communication to East, assuring him that he would refrain from establi...
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Smith New Court Ltd v Scrimgeour Vickers (Asset Management) Ltd [1996]
Smith New Court Ltd v Scrimgeour Vickers (Asset Management) Ltd [1996] UKHL 3 is an English contract law case concerning misrepresentation and the damages available for deceit.An employee of Scrimgeour, Mr Roberts, deceitfully informed Smith New Cour...
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Howard Marine and Dredging Co Ltd v A Ogden & Sons (Excavations) Ltd [1978]
Howard Marine and Dredging Co Ltd v A Ogden & Sons (Excavations) Ltd [1978] QB 574 is a notable English contract law case that revolves around issues of misrepresentation and the application of the Misrepresentation Act 1967.Ogden Ltd sought to h...
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Royscot Trust Ltd v Rogerson [1991]
Royscot Trust Ltd v Rogerson [1991] EWCA Civ 12 is a significant case in English contract law case on misrepresentation. The court delved into the Misrepresentation Act 1967, specifically addressing the extent of damages available under Section 2(1) ...
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William Sindall plc v Cambridgeshire County Council [1993]
William Sindall plc v Cambridgeshire County Council [1993] EWCA Civ 14 is an English contract law case that dealt with misrepresentation and the application of discretion under Section 2(2) of the Misrepresentation Act 1967.William Sindall plc entere...
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Car & Universal Finance Ltd v Caldwell [1965]
Car & Universal Finance Ltd v Caldwell [1965] 1 QB 525 centres on the principle that rescission of a contract is barred if the subject matter is sold to a bona fide third-party purchaser without notice of misrepresentation, before any intention t...
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Erlanger v New Sombrero Phosphate Co [1878]
Erlanger v New Sombrero Phosphate Co [1878] 3 App Cas 1218 is pivotal case concerning English contract law, restitution, and company law. The case revolves around rescission for misrepresentation and the potential bar due to the impossibility of coun...
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Leaf v International Galleries [1950]
Leaf v International Galleries [1950] 2 KB 86 is an English contract law case that delves into misrepresentation, mistake, breach of contract, and the limitations of the equitable remedy of rescission.Ernest Louis Leaf believed he was purchasing Sali...
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