Innocent Misrepresentation in UK Law

  • Bentley (Dick) Productions Ltd v Harold Smith (Motors) Ltd
    • Court of Appeal
    • 03 March 1965
    ... ... it had been fitted with a replacement engine and gearbox, was an innocent misrepresentation (which does not give rise to damages), or whether it was ... ...
  • Rose (F. E.) (London) v William H. Pim Jnr. & Company
    • Court of Appeal
    • 16 July 1953
    ... ... 20 Innocent misrepresentation may give rise to a right of rejection; that right was ... ...
  • Great Peace Shipping Ltd v Tsavliris Salvage (International) Ltd (Cape Providence)
    • Court of Appeal (Civil Division)
    • 14 October 2002
    ... ... draws an analogy with the test for rescission where one party, by innocent misrepresentation, induces the other to enter into a contract – indeed ... ...
  • Sharland v Sharland
    • Supreme Court
    • 14 October 2015
    ... ... Hence misrepresentation that would normally entitle a wife to rescind a contract (and have a ... consent order set aside as their consent had been induced by an innocent misrepresentation that the claimant was a widow at the date of the order ... ...
  • HIH Casualty and General Insurance Ltd v Chase Manhattan Bank and Others
    • House of Lords
    • 20 February 2003
    ... ... , and/or (b) to damages from Chase for misrepresentation or non-disclosure …?" ... The Court of Appeal (in the ... But if the non-disclosure or misrepresentation were other than innocent, the insurer might have rights additional to that of avoidance: the right ... ...
  • Ashville Investments Ltd v Elmer Contractors Ltd; Elmer Contractors Ltd v Ashville Investments Ltd
    • Court of Appeal (Civil Division)
    • 20 May 1987
    ... ... also seek damages allegedly sustained by them as a result of an innocent misrepresentation and or a negligent mis-statement made to them by ... ...
  • Smith New Court Securities Ltd v Scrimgeour Vickers (Asset Management) Ltd and Another
    • House of Lords
    • 21 November 1996
    ... ... has acquired property in reliance on a fraudulent misrepresentation made by the defendant. The position in the present case is complicated by ... they were throwing the whole risk of catastrophic events onto the innocent purchaser rather than the fraudulent vendor. But they held that such ... ...
  • Esso Petroleum Company Ltd v Mardon
    • Court of Appeal (Civil Division)
    • 06 February 1976
    ... ... No claim can be brought under the Misrepresentation Act, 1967, because that Act did not come into force until 22nd April, ... to contend with the law as laid down bythe House of Lords that an innocent misrepresentation gives no right to damages. In order to escape from that ... ...
  • AA (Nigeria) v Secretary of State for the Home Department
    • Court of Appeal (Civil Division)
    • 06 July 2010
    ... ... They are not intended to catch those who make innocent mistakes in their applications.” “False” ... However, our civil law tends to prefer the expression “misrepresentation” to “false representation” in order to emphasise that an untrue ... ...
  • O'Sullivan v Management Agency and Music Ltd
    • Court of Appeal (Civil Division)
    • 14 February 1984
    ... ... applied only to the rescission of contracts for misrepresentation or mistake, and did not apply to equitable relief where contracts had been ... to become a partner in a business was set aside on the ground of innocent misrepresentation, though the business which was restored was worse than ... ...
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