Damages and the Misrepresentation Act

*L.Q.R. 547  IN Royscot Trust Ltd. v. Rogerson [1991] 3 W.L.R. 57 the plaintiff pay company (Royscot) was induced into take downing into a hire- bargain for savvy with a customer (Rogerson) through the trick of a railway line cable political machine head (maidenhead Honda). The subject-matter of the transaction was a second-hand push back car which was sold by Maidenhead Honda to Royscot and and so hired by Royscot to Rogerson on hire- buy terms. It was Royscots policy to enter into such hire-purchase agreements only if the customer paid at least 20 per cent. of the purchase price of the vehicle to the dealer as a deposit. In this case Rogersons deposit of £1,200 was less(prenominal) than 20 per cent. of the purchase price of £7,600 only Maidenhead Honda so far presented inaccurate figures to Royscot incentive them to believe that the precondition had been met. Rogerson took possession of the motor car but then wrongfully sold it to an blameless third troupe who t ook good title under the supply of the Hire bribe execution 1964 (as re-enacted by the Con imparter assign Act 1974). Rogerson subsequently halt his hire-purchase payments and Royscot brought an action against him (for, screen alia, conversion of the car) and Maidenhead Honda (for misrepresentation under s.

2(1) of the Misrepresentation Act 1967) entering judgment in default against both of them for restoration to be assessed. As against Maidenhead Honda a county court reckon awarded the difference between the sum advanced by Royscot for purchase of the car *L.Q.R. 548  (£6,400) and the sum Royscot would gu ard advanced if Rogersons deposit of £1,200! had in truth represented 20 per cent. of the purchase price of the car (£4,800). Damages, therefore, were assessed at £1,600 and it is against this award that Royscot appealed. Overturning this estimation the Court of Appeal (Balcombe and Ralph Gibson L.JJ.) held that Royscot were authorize to be put in the position in which they would pay been had they not entered into the hire-purchase...If you want to thwart a full essay, frame it on our website: OrderCustomPaper.com

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