Edgington v Fitzmaurice
| Jurisdiction | England & Wales |
| Court | Court of Appeal |
| Judgment Date | 1884 |
| Year | 1884 |
| Date | 1884 |
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129 cases
- Datuk Jagindar Singh and Others v Tara Rajaratnam
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Standard Chartered Bank v Pakistan National Shipping Corporation (No. 2)
...40 In the present case, therefore, SCB as claimants against PNSC for damages for the tort of deceit have the benefit of the rule in Edgington v. Fitzmaurice (1888) 29 Ch. Div. 459that "It is not necessary to shew that the (deceitful) misstatement was the sole cause of acting as he did" (per......
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Raiffeisen Zentralbank Österreich AG v Royal Bank of Scotland Plc
...reaching his decision by the representation in question. See Dadourian v Simms [2009] EWCA Civ 169 at paras 99 and 100. 154 Thus, in Edgington v Fitzmaurice (1882) 29 Ch Div 459 the directors of a company issued a prospectus inviting subscriptions for debentures, which stated that the objec......
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Standard Chartered Bank v Pakistan National Shipping Corporation (No. 4) (Reduction of Damages)
...did not rely upon it. The onus probandi is on him to shew that the other party waived it, and relied on his own knowledge." 65 Edgington v Fitzmaurice (1885) 29 Ch Div 459 was a case which turned on the misstatement of the intention of the defendant. It was held to be a misstatement of fa......
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1 firm's commentaries
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IFI Update, June 2009 - Part 1
...actions were an effective cause of the loss, even if they were not the sole or only cause of the loss (see Edgington v. Fitzmaurice (1885) 29 ChD 459; JEB Fasteners Ltd v. Marks Bloom Co. [1983] 1 All ER 587; County Ltd v. Girozentrale Securities [1996] 3 All ER 834). It is a question of fa......
11 books & journal articles
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Bearing false witness: perjured affidavits and the Fourth Amendment.
...U.S. 711, 716-17 (1983) ("The state of a man's mind is as much a fact as the state of his digestion." (quoting Eddington v. Fitzmaurice, 29 Ch.D. 459, 483 (1885))); Pullman-Standard v. Swint, 456 U.S. 273, 288 (1982) ("Treating issues of intent as factual matters for the trier of fact is co......
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Contract Law
...of fact and a misstatement of the state of a man”s mind is a misrepresentation of fact: per Bowen LJ in Edgington v Fitzmaurice(1885) 29 Ch D 459 at 483. The learned judge then proceeded to observe, in a practical vein (at [14]), thus: Of course, it will be difficult to prove what was the s......
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Contract Law
...state of mind (and see the oft-cited observations of Bowen LJ in the English Court of Appeal decision of Edgington v Fitzmaurice(1885) 29 Ch D 459 at 483). The court in the present case also held that s 2(1) of the Misrepresentation Act (Cap 390, 1994 Ed) did not change the common law in th......
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Contract Law
...in original]: at [188], citing BP Exploration Operating Co Ltd v Chevron Shipping Co[2003] 1 AC 197 at [105] and Edgington v Fitzmaurice(1885) 29 Ch D 459. Applying these principles, the appellate court overturned the lower court's finding of an operative misrepresentation as there was (int......
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