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Misrepresentation – Exclusion of liability for misrepresentation. The claimant sought damages for the defendant's misrepresentations, under s 2(1) of the Misrepresentation Act 1967. The Commercial Court, in allowing the claim, held that the fact that consideration for subordinated notes had been paid by the claimant to a third party, not the defendant, had not taken the case outside s 2(1) of the Act and, in principle, the defendant could rely on a defence of contributory negligence. In the circumstances, one false misrepresentation had been made by the defendant and relied upon by the claimant, but the submissions on contributory negligence were rejected.
Misrepresentation – Exclusion of liability for misrepresentation. The claimant sought damages for the defendant's misrepresentations, under s 2(1) of the Misrepresentation Act 1967. The Commercial Court, in allowing the claim, held that the fact that consideration for subordinated notes had been paid by the claimant to a third party, not the defendant, had not taken the case outside s 2(1) of the Act and, in principle, the defendant could rely on a defence of contributory negligence. In the circumstances, one false misrepresentation had been made by the defendant and relied upon by the claimant, but the submissions on contributory negligence were rejected.
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