Misrepresentation in UK Law
Lambert v Co-operative Insurance Society Ltd
A claim was made under this Act and rejected by the insurance company. I shall quote a passage from the judgment of Lord Greene, Master of the Rolls, at page 58. At page 60 he said: "Under the general law of insurance an insurer can avoid a policy if he proves that there has been misrepresentation or concealment of a material fact by the assure. What is material is that which would influence the mind of a prudent insurer in deciding whether to accept the risk or fix the premium".
Cave v Robinson Jarvis & Rolf
In my opinion, section 32 deprives a defendant of a limitation defence in two situations: (i) where he takes active steps to conceal his own breach of duty after he has become aware of it; and (ii) where he is guilty of deliberate wrongdoing and conceals or fails to disclose it in circumstances where it is unlikely to be discovered for some time.
A claimant who proposes to invoke section 32(1)(b) in order to defeat a Limitation Act defence must prove the facts necessary to bring the case within the paragraph. He can do so if he can show that some fact relevant to his right of action has been concealed from him either by a positive act of concealment or by a withholding of relevant information, but, in either case, with the intention of concealing the fact or facts in question.
Morritt LJ said, in a passage I have cited, that in general a person is assumed to know the legal consequences of his actions and that, therefore, if an act has been done intentionally, the actor's unawareness of its legal consequences would be immaterial and no defence. The premise is, in my opinion, much too wide to constitute a satisfactory approach to construction of a statutory provision such as section 32(2).
I respectfully agree that it is difficult to think of a case of deliberate concealment for section 32(1)(b) purposes that would not involve unconscionable behaviour and that most cases of deliberate commission of breach of duty for section 32(2) purposes would be in the same state.
Sheldon (and Others) v R H. M. Outhwaite (Underwriting Agencies) Ltd (and Others)
For myself, I do not find it absurd that the effect of section 32(1) is to afford to the plaintiff a full six year period of limitation from the date of the discovery of the concealment. In such a case, the plaintiff must have been ignorant of the relevant facts during the period preceding the concealment: if he knew of them, no subsequent act of the defendant can have concealed them from him.
Williams v Fanshaw Porter & Hazelhurst (A Firm)
I begin with the specific terms of s.32(1) (b) : 'any fact relevant to the plaintiff's right of action has been deliberately concealed from him by the defendant'. Those words describe the condition which must exist before the operative part of s.32(1) takes effect. There are four points on the wording of the paragraph which should be noted.
- Misrepresentation Act 1967
- Misrepresentation Act (Northern Ireland) 1967
Unfair Contract Terms Act 1977
....... Other provisions about contracts . Other provisions about contracts. . S-8 . Misrepresentation. 8 Misrepresentation. . (1) In the Misrepresentation Act 1967. , the following is. substituted for section 3— . S-3 . ‘Avoidance of ......
Contracts (Rights of Third Parties) Act 1999
......P1 has a set-off to P3's claim so that P1 is only bound to pay P3 400. . (II) P3 induced P1 to enter into the contract with P2 by misrepresentation, but P2 has no actual or constructive notice of that misrepresentation. P1 may have a defence (or a counterclaim for damages) against P3 which would ......
- MISREPRESENTATION ACT 1967
- EXPECTATION, RELIANCE AND MISREPRESENTATION
- Measures in Misrepresentation: Recent Steps in Awarding Damages
MISDESCRIPTION AND MISREPRESENTATION LIABILITY ARISING OUT OF ART AUCTIONS IN NEW ZEALAND.
...Assumptions that successful bidders carry the risk in terms of artwork that is either misdescribed or misrepresented by art auctioneers is challenged, for New Zealand at least. This is because descriptions of works to be auctioned are invariably prof......
.... . . Misrepresentation and failure to disclose have different meanings in law. It should be decided which is appropriate at the outset, bearing in mind that. both grounds ......
.... . . SS A Act 1992, section 71 (1), SS A (NI) Act section 69 (1). Where as a result of any person’s misrepresentation or failure to disclose any materialfact a payment of Child Benefit or Guardian’s allowance has been made HerMajesty’s Revenue & Customs can ......
.... . . R (SB) 21/82, R (SB) 9/85. Jones & Sharples v CAO (1994) All ER (CA) 225. Misrepresentation can occur even though a claimant is not aware of the true position.For example, if a claimant’s wife conceals from him the fact that she has ......
.... . . Signed OB foils are not usually available as evidence of misrepresentation unless there have been fraud investigations. The following may be considered. if there is any circumstantial evidence of the misrepresentation on ......