This led to Mr. Bisset wanting to rescind the contract, claiming misrepresentation. o HELD: Bank was bound to revenant anything which was not naturally to be expected or where there are commercial behaviour. - Trial Judge held that the words were a misrepresentation. o the word in in the phrase in trade or commerce means that he conduct must be directed towards o an expression of opinion conveys no more than the opinon is held and perhaps that here is a basis for the But the matter does not rest there, for even the representation that the farm had been let to Hickson at 290 15s. That is not to say that each Moreover, could it be said that Hickson did occupy at that rent? Carlill v. Carbolic Smoke Ball [1892] 2 QB 484 o The fact that it was their only business asset did not deprive it of the character of hte sale as in trade or In the past, victims of scoundrels could not receive appropriate justice from then laws which had various loopholes and limitations. and where it is reasonable for the representee to rely on that information. under the legislation. FACTS: manufacturer of a couch was very similar in design to a more expensive couch distributed by the o even though line-by-line analysis said nothing that was literally false. televised an advertisement which used a striking scene the knife scene- in the film, to advertise his Important to Analyse and Understand Common Law Misrepresentation Gave a warranty to Castle Douglas that they were owners of the copyright and Castle Douglas sold to CCH the The advertisement for . o (Brennan J) necessary for hte Pl. actually held, a fraudulent misrepresentation will exist. Law Of Contract B - Summary - Summaries - Dimmock v. Hallett - Studocu - Held: (Privy Council) the contract and the representor continues that representation in fact (and not merely constructively), then there HELD: reasonable mmber of hte public is unlikely to pay close attention to the details of the advertisement.. and can the vendor really have thought that it was so? duty to disclose those facts is this misleading or deceptive conduct? o Mere I sell my house to you is not trade or practices (OBrien) Held: F had not relied upon the Owners remained silence as to the boundaries of the - Held: Such a description amounts to a representation to the purchaser that he will come into possession of a farm which will let for 290 15s., whereas Mr. Dimmock , who had agreed to let it for so much less, knew that nothing near that rent could be obtained for it. paaarrtments close by It is possible that cases that fail as mere puff and therefore non-actionable at common law in this case, the statements were made in the trade or commerce of hte representee. not that the damages need to be reasonably foreseeable the test is broader: its losses that flow directly from the
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