Representation Redgrave v Hurd (1881) 20 Ch D 1. ” A person induced to enter into a contract by misrepresentation, whether innocent or fraudulent, can rescind the contract. View on Westlaw or start a FREE TRIAL today, Redgrave v Hurd (1881) 20 Ch. The plaintiff sued for specific performance. On the basis of what Mr. Redgrave published Mr. Hurd purchased the property and the partnership in the law practice on the premises. 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. 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, 20 Ch. Redgrave v Hurd (1881) 20 Ch D 1 A solicitor purchased into the partnership in the solicitors' firm. Redgrave brought an action for specific performance against Hurd. The plaintiff appealed for specific performance. It was held that, although the plaintiff had gone into possession of the land and taken possession of the chattels, the contract was still executory, to … Original language version (source reference: cf. 186 Leaf v International Galleries [1950] 2 KB 86. Hurd answered the advertisement and enquired as to the income of the practice. The court held that the buyer had relied on the seller’s word, even if he had the means to discover it was untrue. Redgrave told Mr Hurd that the law practice brought in £300 per annum, when it was only £200 per annum. go to www.studentlawnotes.com to listen to the full audio summary Redgrave told Mr Hurd that the law practice brought in £300 per annum, when it was only £200 per annum. 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. It holds that a contract can be rescinded for innocent misrepresentation, even where the representee also had the chance to verify the false statement.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. The judge in the first instance found in favour of the plaintiff and the decision was appealed. In-text: (Redgrave v Hurd, [1881]) Your Bibliography: Redgrave v Hurd [1881] 20 Ch. 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 responded and was interviewed at which point he was informed the business was worth £300 per year. Registered office: Venture House, Cross Street, Arnold, Nottingham, Nottinghamshire, NG5 7PJ. Redgrave v Hurd. WikiMili The Free Encyclopedia The offended party sued for particular execution. He declined the offer to check the accounts and took them at their word. 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. Area of law In-text: (Slapper and Kelly, 2010) To export a reference to this article please select a referencing stye below: Our academic writing and marking services can help you! Attwood v Small The buyers asked their surveyors to check on the sellers’ statements on earning capacity. In innocent misrepresentations you can only ask for damages if you cannot rescind the contract. 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. The defendant purchased the property and a partnership in the law practice on the premises on the basis of this representation. Court Redgrave v Hurd (1881) 20 Ch D 1. Year Redgrave v. Hurd in that an executory contract had been induced by an innocent misrepresentation as to the profits of a business. Company Registration No: 4964706. Car and Universal Finance v Caldwell. 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 Redgrave v Hurd (1881) 20 Ch D 1 The plaintiff solicitor advertised for a partner who would also purchase his residence. Can a defendant rescind a contract because of a 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 … Redgrave v Hurd [1881] Rees v Darlington Memorial Hospital [2003] Rees v Skerrett [2001] Reeve v Lisle [1902] Reeves v Commissioner of Police [1999] Regal (Hastings) Ltd v Gulliver [1967] Regis Property Co Ltd v Redman [1956] Renals v Cowlishaw (1879) Revill v Newbery [1996] Rhodes v Macalister (1923) Rhone v Stephens [1994] Rice v Connolly [1966] Take your favorite fandoms with you and never miss a beat. 185 (1876) 2 Ch D 663. Issue We also have a number of sample law papers, each written to a specific grade, to illustrate the work delivered by our academic services. Any information contained in this case summary does not constitute legal advice and should be treated as educational content only. Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. Redgrave, a soliticor of Birmingham 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. He advertised for a partner to join his business and buy the accompanying house. Redgrave v Hurd (1881) Redgrave, an elderly solicitor, advertised for a partner "who would not object to purchase advertiser's suburban residence, suitable for a family, value £1600'. D. 1 (Court of Appeal). Contract law – Misrepresentation – Specific performance. Copyright © 2003 - 2020 - LawTeacher is a trading name of All Answers Ltd, a company registered in England and Wales. Mere fact that party misled has had opportunity of investigating and ascertaining whether representation is true will not necessarily deprive that person of right to claim to have been deceived by it. Redgrave was successful at trial an… 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. A matter for the court was to establish the extent of the misrepresentation of the plaintiff and whether the defendant should have been expected to undertake further research into the proposed business by having a look at the accounts which had been presented by the plaintiff. Book. The plaintiff showed documentation showing almost £200 per year and offered the defendant the opportunity to assess the accounts. In Redgrave v Hurd, 53 false statements were made by the plaintiff about the income of his practice as a solicitor, on the strength of which the defendant had entered into a contract to buy the plaintiff’s house and practice. In this case the judge finds the misrepresentation to have been innocent. The defendant then wrote to the solicitor asking the amount of business completed in the last three years. However, the judge rejects this and says that the only limitation on suing for a misrepresentation is the limitation period, which starts when the fraud reasonably should have been discovered. 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. The solicitor who was selling said that he earned about 300 pounds every year from his practice. In Redgrave v. Hurd, an English contract law case, it was held that, “A contract can be rescinded for innocent misrepresentation, even where the representee also had the chance to verify the false statement. Can a defendant rescind a contract because of a misrepresentation? Redgrave v Hurd (1881), 20 Ch D 1 Redgrave Hurd However, as a counter argument, In the case of Redgrave v Hurd (1881) 20 Ch D 1, Edwin refused to sign the contract because he may be hesitating when he heard that an Arabian Sheik was on the look out for the rare car and is willing to pay $700,000. VAT Registration No: 842417633. 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. 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