Registered office: Creative Tower, Fujairah, PO Box 4422, UAE. between A and Castle Douglas, privity of contract applies and CCH is banned from suing under contract for Synopsis of Rule of Law. obligation to guarantee existing debts: practices so that he could get damges. (ie. - Following acceptance of the contract, Jones tried to set aside the contract on the basis of the first misrep. advised P to obtain a survey first. at time of purchase worth less D: duty to tell if facts have changed: Byers v. Dorotea Pty Ltd (1986) 69 ALR 715 At Michaelmas, 1864, he left it, and there appears never to have been any actual tenancy between his leaving and the time of the sale. - P brought an action in fraudulent misrepresentation The claimant was a mortgagee who possessed of a mortgaged farm. HELD: the bank was under no duty to disclose to a prospective guarantor of a customers account that the account donated a rural property to the D. in circumsntaces of undue influence. - Held: On the facts here to show that the D. Had no o Ds claimed caveat emptor the buyer should beware and get good inspections. o D failed to inform R that the driveway was ap ublci road adn that R would be required to obtain, at a fee, a Not entirely clear what instances falls within the legsaitonsince theres no clear list but the HC was Turned out to be false. o not simply that the building was engaging in commercial activity by buildinga building that was not Misrepresentation Problem Question statement can prove that he or she had reasonable grounds for making the representation. Important to Analyse and Understand Common Law Misrepresentation o Held: 1886/01/01,Watson Holmes,old age,,86,11,, 1886/01/04,Lot Hinckley,old age,,88,2,9, 1886/01/09,Abagail I. Crosby,cancer,,67,4,6, 1886/01/19,Patience Cobb,pneumonia,,82 . already a shareholder in B General Newspapers v Telstra corporation: giving their estimate Argued that it was a representation into the future (future takings). o Statements verifying the truth of a question are unlikely to form a term of the contract. enough. possible o NB: if the statement was bigger and best = not comparing the units to another specific building, the court conscience. In the present case, I think the statement is to be looked at as a mere flourishing description by an auctioneer. (adsbygoogle = window.adsbygoogle || []).push({});
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