Aşağıda bir kısmını gördüğünüz bu dokümana sadece Profesyonel +
pakete abone olan üyelerimiz erişebilir.
Sayfa 117B.Conditions of liability
1.Representation as to fact or law
a.In general
In order to be actionable a representation must be factual and false. The statement…
By way of example, in Bisset v Wilkinson the…
Lord Merrivale, delivering their Lordships’ judgment, explained:…
“In an action for rescission, as in an action for specific performance of an executory contract, when misrepresentation is the alleged ground of relief of the party who repudiates the contract, it is, of course, essential to ascertain whether that which is relied upon is a representation of a specific fact, or a statement of opinion, since an erroneous opinion stated by the party affirming the contract, though it may have been relied upon and have induced the contract on …
His Lordship continued to explain that given the buyers were aware that no one had…
A further illustration of the rule that statements of opinion, belief, or future…
The Court of Appeal held for the buyers. The statements were factual and false. Although…
Whilst the general rule is that a statement as to future intention cannot usually…
Bowen LJ reasoned as follows in respect of how a statement of intention could be…
“There must be a misstatement of an existing fact: but the state of a man’s mind is as much a fact as the state of his digestion. It is true that it is very difficult to prove what the state of a man’s mind at a particular time is, but if it can be ascertained it is as much a fact as anything else. A misrepresentation as to the state of a man’s mind is, therefore, a misstatement of fact”.…
Cotton LJ further explained:…
“It was argued that this was only the statement of an intention, and that the mere fact that an intention was not carried into effect could not make the Defendants liable to the Plaintiff. I agree that it was a statement of intention, but it is nevertheless a statement of fact, and if it could not be fairly said that the objects of the issue of the debentures were those which were stated in the prospectus the Defendants were stating a fact which was not true; and if they …
Finally, formerly statements of law were held not to be actionable, but this is no…
For completeness, it must be noted that whether a statement amounts to a representation…
“In determining whether there has been an express representation, and to what effect, the court has to consider what a reasonable person would have understood from the words used in the context in which they were used. In determining what, if any, implied representation has been made, the court has to perform a similar task, except that it has to consider what a reasonable person would have inferred was being implicitly represented by the representor’s words and conduct in their context.”…
As such, the courts will not usually be concerned with what the actual representee…
A.Introduction
b.Representation by silence or conduct
EN
TR
