000			01485cam a2200241 4500
001			ABS68675
008			050112n2004 000 0 eng u
035			_a(Sirsi) u128491
100			_aMurdoch, J.
245			_aWhen the rot sets in
260			_c2004
490			_aEstates Gazette _v(0447) 20 November 2004, 163(1)
520			_aDiscusses 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.
590			_aABS
590			_aABS
650			_aCLINICARE LTD V ORCHARD HOMES AND DEVELOPMENTS LTD
650			_aDRY ROT
650			_aCONVEYANCING
650			_aPROPERTY DEVELOPMENT
650			_aLEASE NEGOTIATIONS
690			_aPROPERTY AND LAND LAW-CONVEYANCING
942			_n0
999			_c118477 _d118477