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Production Technology Consultants Ltd v Bartlett

Language: English Series: Estates Gazette ; (8825) 25 June 1988, 121-122(2)Publication details: 1988Subject(s): Summary: CA 21 March 1988. A freehold house was purchased at auction in reliance on innocent misrepresentation in the particulars, which stated that the first floor was let at a weekly inclusive rent of £2.55 and application had been made for registration of a fair rent. In fact, the first floor was also the subject of a concurrent lease for a term of 99 years from September 1979 at a ground rent of £40 pa. After the sale and before completion, the plaintiff company`s solicitors were supplied with documents of title, but neither vendor`s nor purchaser`s solicitors appreciated the effect of that lease. The purchasers claimed damages for misrepresentation. The judge held that the claim failed, on the ground that the purchasers had elected to complete. It was accepted that if the fraud became apparent after contract but before completion, the purchaser could reserve his cause of action for damages by electing to complete without prejudice to his claim for damages. CA held that the purchasers wer
Holdings
Item type Current library Call number Copy number Status Barcode
Journal article London Journal article ABS39393 (Browse shelf(Opens below)) 1 Available 16343-1001

CA 21 March 1988. A freehold house was purchased at auction in reliance on innocent misrepresentation in the particulars, which stated that the first floor was let at a weekly inclusive rent of £2.55 and application had been made for registration of a fair rent. In fact, the first floor was also the subject of a concurrent lease for a term of 99 years from September 1979 at a ground rent of £40 pa. After the sale and before completion, the plaintiff company`s solicitors were supplied with documents of title, but neither vendor`s nor purchaser`s solicitors appreciated the effect of that lease. The purchasers claimed damages for misrepresentation. The judge held that the claim failed, on the ground that the purchasers had elected to complete. It was accepted that if the fraud became apparent after contract but before completion, the purchaser could reserve his cause of action for damages by electing to complete without prejudice to his claim for damages. CA held that the purchasers wer