Negligence without fraud
Negligence without fraud
- 1997
- Times 17 April 1997,50(1) .
"Swindle and Others v Harrison and Another" CA 17 April 1997. D had a mortgage and obtained a bridging loan purchasing another property. D was not entitled to recover from P who provided loan. P, however had failed to disclose material facts and were in breach of fiduciary duty. CA dismissed appeal by D because no damages flowed from breach of duty from P.
BREACH OF DUTY OF CARE
FIDUCIARY DUTY
FRAUD
NEGLIGENCE
"Swindle and Others v Harrison and Another" CA 17 April 1997. D had a mortgage and obtained a bridging loan purchasing another property. D was not entitled to recover from P who provided loan. P, however had failed to disclose material facts and were in breach of fiduciary duty. CA dismissed appeal by D because no damages flowed from breach of duty from P.
BREACH OF DUTY OF CARE
FIDUCIARY DUTY
FRAUD
NEGLIGENCE