Contract law – Misrepresentation – Specific performance. Redgrave v Hurd (1881) 20 Ch D 1 The plaintiff solicitor advertised for a partner who would also purchase his residence. Issue 186 Leaf v International Galleries [1950] 2 KB 86. The defendant subsequently agreed to purchase the property but having placed a deposit on the property and taking possession, he found the business was actually worthless and refused to complete the remainder of the agreement. In-house law team, Contract law – Misrepresentation – Specific performance. The defendant purchased the property and a partnership in the law practice on the premises on the basis of this representation. The plaintiff sued for specific performance. Redgrave v Hurd (1881) 20 Ch D 1 is an English contract law case, concerning misrepresentation. Case Summary 1881 Redgrave v Hurd (1881) 20 Ch D 1 is an English contract law case, concerning misrepresentation. View on Westlaw or start a FREE TRIAL today, Redgrave v Hurd (1881) 20 Ch. Take your favorite fandoms with you and never miss a beat. Redgrave advertised to sell his business premises and a share in his business, representing that it brought in between £300 and £400 a year when it truly grossed less than £200 a year. Hurd 26th Jun 2019 Jessel states that if it is shown that a representation was made in an attempt to induce a party to enter into a contract, and the contract was in fact formed, then there is a presumption that the representation was relied upon. In-text: (Redgrave v Hurd, [1881]) Your Bibliography: Redgrave v Hurd [1881] 20 Ch. Registered office: Venture House, Cross Street, Arnold, Nottingham, Nottinghamshire, NG5 7PJ. Redgrave v. Hurd in that an executory contract had been induced by an innocent misrepresentation as to the profits of a business. Any information contained in this case summary does not constitute legal advice and should be treated as educational content only. WikiMili The Free Encyclopedia He declined the offer to check the accounts and took them at their word. Clough v London and North Western Railway Co (1871) LR 7 Exch 26. Redgrave brought an action for specific performance against Hurd. United Kingdom Innocent misrepresentations lead to a contract being able to be rescinded. The plaintiff argues that the defendant cannot rescind the contract because he simply should have used due diligence and sought more information before purchasing the premises. It holds that a contract can be rescinded for innocent misrepresentation, even where the representee also had the chance to verify the false statement. Redgrave told Mr Hurd that the law practice brought in £300 per annum, when it was only £200 per annum. Redgrave v Hurd (1881) 20 Ch D 1 A solicitor purchased into the partnership in the solicitors' firm. Redgrave was successful at trial and Hurd appealed. In innocent misrepresentations you can only ask for damages if you cannot rescind the contract. Therefore, the contract can be rescinded but damages are not awarded. Redgrave v Hurd The seller told the buyer that the practice was worth £300 a year and invited him to check this. 185 (1876) 2 Ch D 663. Take a look at some weird laws from around the world! Redgrave v Hurd (1881) 20 Ch D 1 is an English contract law case, concerning misrepresentation.It holds that a contract can be rescinded for innocent misrepresentation, even where the representee also had the chance to verify the false statement. Redgrave v Hurd (1881), 20 Ch D 1 The court found that the defendant was not under a duty to inspect the papers and that his reliance on the plaintiff’s misrepresentation was enough. Redgrave v Hurd (1881) 20 Ch D 1. Redgrave advertised to sell his business premises and a share in his business, representing that it brought in between £300 and £400 a year when it truly grossed less than £200 a year. D. 1 (1881). This comes from the courts of equity; common law takes a different approach. Can a defendant rescind a contract because of a misrepresentation? Court of Appeal of England and Wales Redgrave v Hurd Redgrave v Hurd [1881] Uncategorized Legal Case Notes August 23, 2018 May 28, 2019. Can a defendant rescind a contract because of a misrepresentation? On the basis of what Mr. Redgrave published Mr. Hurd purchased the property and the partnership in the law practice on the premises. Redgrave v Hurd 1881 - Court of Appeal. Court of Appeal of England and Wales cases, https://casebrief.fandom.com/wiki/Redgrave_v_Hurd?oldid=8867. There is a presumption that any statement made in an attempt to induce another party to enter into a contract is relied upon as a condition if the contract is eventually formed. Citation The judge in the first instance found in favour of the plaintiff and the decision was appealed. This can be rebutted by proving knowledge to the contrary of the statement, or express proof that the party did not rely on the statement. go to www.studentlawnotes.com to listen to the full audio summary The court held that the buyer had relied on the seller’s word, even if he had the means to discover it was untrue. Rescission can vary depending on the circumstances, ie by notifying the police when a car has been sold to a thief because of a misrepresentation. However, if these cannot be shown then the contract can be rescinded upon discovery of the fraudulent misrepresentation. *You can also browse our support articles here >. Course: Law of Contracts Date: Fall/Winter (2000-2001) Professor: Berryman (Fall) & Whiteside (Winter) Textbook: Contract Law in Canada Please distribute and reproduce these notes freely Although great care has been taken to prepare these notes there may be errors and omissions. Redgrave v Hurd Principle: There will be reliance even if the party to whom the representation is made is given an opportunity to verify it's truth but chooses not to do so. Year D. 1 (28 November 1881), PrimarySources The court reversed the decision of the trial judge and they allowed the contract to be rescinded on the basis of innocent misrepresentation. Redgrave v Hurd: CA 1881 The plaintiff, an elderly solicitor wishing to retire, advertised for someone to enter into partnership with him and to buy his house. The plaintiff sued for specific performance. The solicitor Company Registration No: 4964706. Redgrave v Hurd (1881) 20 Ch D 1 is an English contract law case, concerning misrepresentation. Defendant VAT Registration No: 842417633. Redgrave v Hurd. Therefore, its being untrue is sufficient ground for the rescission of the contract. The Defendant replied and during two interviews, the plaintiff represented that his business was bringing in either about £300 a year, or from £300-£400 a year. Where you have neither evidence that he knew the facts showing that the statement was untrue, or that he did anything to show that he did not rely upon the statement, the inference remains that he relied upon the statement as being a material statement (condition) in the contract. Redgrave v Hurd (1881) 20 Ch D 1 is an English contract law case, concerning misrepresentation. It is important to note that the court did not find fraudulent misrepresentation. The plaintiff was a solicitor who constructed an advertisement titled ‘Law Partnership’ where he sought a successor who he would take as a Partner on the basis that the … Court The defendant responded and was interviewed at which point he was informed the business was worth £300 per year. The plaintiff was a solicitor who constructed an advertisement titled ‘Law Partnership’ where he sought a successor who he would take as a Partner on the basis that the individual purchased the plaintiff’s property. Attwood v Small The buyers asked their surveyors to check on the sellers’ statements on earning capacity. Slapper, G. and Kelly, D. English Law 2010 - Routledge-Cavendish - Abingdon. As held in Redgrave v Hurd, if a material representation has been made to the representee than he is said to have relied on the statement by the representor, inducing the contract. Hurd answered the advertisement and enquired as to the income of the practice. Judgement for the case Redgrave v Hurd R was going to sell H his house at a high value based on the fact that H would also be taking over his solicitor’s practice that he claimed brough in £300 a year. The defendant then wrote to the solicitor asking the amount of business completed in the last three years. Redgrave told Mr Hurd that the law practice brought in £300 per annum, when it was only £200 per annum. The defendant responded to the advertisement and negotiations followed, in which the plaintiff stated that the practice brought him in … 187 Clough v London and North Western Railway Co (1871) LR 7 Exch 26. The plaintiff showed documentation showing almost £200 per year and offered the defendant the opportunity to assess the accounts. He advertised for a partner to join his business and buy the accompanying house. 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