When the rot sets in
Series: Estates Gazette ; (0447) 20 November 2004, 163(1)Publication details: 2004Subject(s): Summary: Discusses misrepresentation in replies to buyers' enquiries in the light of "Clinicare Ltd v Orchard Homes and Developments Ltd", ([2004] EWHC 1694 (QB), [2004] PLSCS 176). A written indication by defendant property developer (O) during lease negotiations with claimant (C) that it was unaware of dry rot affecting the property amounted to fraudulent misrepresentation including a negligent misrepresentation that reasonable steps had been taken to see whether dry rot existed. O's subsequent verbal statement had alluded to the historic existence of dry rot, which did not however correct the implied representation that O had performed reasonable investigations. Points out that answers to enquiries before contract may all too easily constitute a misrepresentation but liability requires misrepresentation to be material and to have been relied upon.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Journal article | London Journal article | ABS68675 (Browse shelf(Opens below)) | 1 | Available | 128491-1001 |
Discusses misrepresentation in replies to buyers' enquiries in the light of "Clinicare Ltd v Orchard Homes and Developments Ltd", ([2004] EWHC 1694 (QB), [2004] PLSCS 176). A written indication by defendant property developer (O) during lease negotiations with claimant (C) that it was unaware of dry rot affecting the property amounted to fraudulent misrepresentation including a negligent misrepresentation that reasonable steps had been taken to see whether dry rot existed. O's subsequent verbal statement had alluded to the historic existence of dry rot, which did not however correct the implied representation that O had performed reasonable investigations. Points out that answers to enquiries before contract may all too easily constitute a misrepresentation but liability requires misrepresentation to be material and to have been relied upon.