Misrepresentation
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The consequences of fraudulent misrepresentation survived a bankruptcy
It is often said that fraud unravels everything and, if proved, “vitiates judgments, contracts and…
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Exclusion of liability in a lease was unreasonable
Section 3 of the Misrepresentation Act 1967 provides that, where a clause in a contract seeks to limit or exclude liability for misrepresentation, the clause must be reasonable.
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An exclusion of liability in a lease failed the test of reasonableness under the Misrepresentation Act 1967
Where a clause in a contract seeks to limit or exclude liability for misrepresentations, the validity of such a clause may be subject to a reasonableness test: section 3 Misrepresentation…
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How are we to interpret questions included in the seller’s property information form?
Buyers usually ask sellers to complete a seller’s property information form before purchasing a residential property. The form includes questions designed to elicit whether the seller has sent or received…
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Bank of India v Riat
Guarantee – Misrepresentation – Economic duress – Defendant providing two guarantees with claimant bank – Guarantees securing facilities for company owned by defendant and son – Claimant seeking to enforce…
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Bank of India v Riat
JUDGMENT . 1.This judgment is in seven parts:Part 1Introduction§1-5Part 2The issues§6-10Part 3: The witnesses§11-17Part 4: Globepark Development Limited and the search for facilities§18-38Part 5:Misrepresentation§39-54Part 6: Economic duress§55-71Part 7: Conclusion§72-73.
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Parker v Walker
Sale of land Misrepresentation
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Parker v Walker
Sale of land – Misrepresentation – “Land banking” – Defendant being solicitor working for property partnership company (TPP) – Claimant purchasing land sold by TPP – Land effectively having no…
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Who should bear losses caused by conveyancing fraud?
Postal completions save time and money. However, they have also created weaknesses in the conveyancing system for fraudsters to exploit, leaving innocent victims to litigate with each other to establish…
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An LLP was entitled to sue for misrepresentations made during negotiations for a lease before the LLP was formed.
The Supreme Court decision in the Scottish case Cramaso LLP v Ogilvie-Grant, Earl of Seafield [2014] UKSC 9; [2014] PLSCS 49 highlights that the law is capable, in appropriate circumstances,…
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Cramaso LLP v Ogilvie-Grant, Earl of Seafield and others
Sale of land Misrepresentation
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Cramaso LLP v Ogilvie-Grant, Earl of Seafield and others
Negligent misrepresentation – Duty of care – Misrepresentation by respondents in course of negotiations for grant of lease of grouse moor – Potential tenant finally entering into lease through appellant…