Smith v Chadwick

JurisdictionUK Non-devolved
Date1883
CourtHouse of Lords
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106 cases
  • BSkyB Ltd and Another v HP Enterprise Services UK Ltd and Another
    • United Kingdom
    • Queen's Bench Division (Technology and Construction Court)
    • 26 January 2010
    ...relied on is ambiguous, the person relying on it must first prove that he understood the statement in a sense which is in fact false: Smith v. Chadwick (1884) 9 App Cas. 187. If there was a fraud and a statement was intended to mislead, its ambiguity would not be a defence: Low v. Bouverie ......
  • Raiffeisen Zentralbank Österreich AG v Royal Bank of Scotland Plc
    • United Kingdom
    • Queen's Bench Division (Commercial Court)
    • 11 June 2010
    ...understood the statement in the sense (so far as material) which the court ascribes to it: Arkwright v Newbold (1881) 17 Ch D 30113; Smith v Chadwick (1884) 9 App.Cas 187; and that, having that understanding, he relied on it. This may be of particular significance in the case of implied sta......
  • Sunny Metal & Engineering Pte Ltd v Ng Khim Ming Eric
    • Singapore
    • Court of Appeal (Singapore)
    • 26 July 2007
    ......In Smith v Chadwick (1882) 20   Ch D 27 at 62–63, Jessel   MR said: . [W]hen documents are actually contemporaneous, that is, two deeds executed at ......
  • Greasley v Cooke
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 18 June 1980
    ...of proof. Mr. Weeksreferred us to many cases, such as Reynell v. Sprye (1852) 1 Gex Macnachten & Gordon's Reports 656 at page 708; Smith v. Chadwick (1882) 20 Chancery Division 27 at page and Brikom Investments Ltd. v. Carr (1979) 2 Weekly Law Reports 737 at pages 746-747 where I said that,......
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1 firm's commentaries
  • D&O: Shareholder reliance on misleading and deceptive conduct
    • Australia
    • Mondaq Australia
    • 16 June 2012
    ...Investments Pty Ltd v Macquarie Equity Capital Markets Ltd (2008) 73 NSWLR 653 and Digi-Tech (Australia) Ltd v Brand [2004] NSWCA 58 2(1884) 9 App Cas 187 3Ingot Capital Investments Pty Ltd v Macquarie Equity Capital Markets Ltd (2008) 73 NSWLR 653 and Sons of Gwalia Ltd v Margaretic [2007]......
3 books & journal articles
  • The Jamaica fair competition act 1993 and consumer protection from false and misleading advertising: a legal and economic analysis
    • Caribbean Community
    • Caribbean Law Review No. 11-2, December 2001
    • 1 December 2001
    ...Colgate PabmoliveCo. 58 FTC 422, 428 (1961). 9S See generally on this analysis, Horsfall v. Thomas (1862) 1 H&C 90; Smith v. Chadwick (1884) 9 App Cas 187; Attwood v. Small (1838) 6 Q & Fin 232. but by evidence of the mere likelihood of the representee being deceived or misled by the conten......
  • The fair competition act, 1993 (Jamaica) - analysis and comment
    • Caribbean Community
    • Caribbean Law Review No. 4-2, December 1994
    • 1 December 1994
    ...n.8, supra. 21 31 Halsbury’s Laws of England (4th Edn) at para. 1075, citing Smith v. Chadwick (1882) 20 Ch Div. 27, 44 (on appeal) (1884) 9 App Cas 187, 196. Generally, the belief of the parties is irrelevant. The fact that the representee thought it was material, and was misled, will not ......
  • MISREPRESENTATION IN MARRIAGE
    • Nigeria
    • DSC Publications Online Sasegbon’s Judicial Dictionary of Nigerian Law. First edition M
    • 6 February 2019
    ...him enter into the transaction, which is sought to be avoided. See: Jennings v. Brougham (1853) 5 De GM & 9126; Smith v. Chadwick (1884) 9 App Cas. 187; Locker and Woolf Ltd. v. Western Australian Insurance Co. (1936) 1 K.B. 408, 414. As I have indicated earlier in this judgment, marria......

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