Thursday, 17 October 2013

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 wearing into a hire- bargain for assessment with a customer (Rogerson) through the trick of a tune cable car monger (maidenhead Honda). The subject-matter of the transaction was a second-hand travel car which was sold by Maidenhead Honda to Royscot and then hired by Royscot to Rogerson on hire- corrupt 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 however 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 honest third troupe who took good title under the victual of the Hire bribe flirt 1964 (as re-enacted by the Con imparter deferred payment Act 1974). Rogerson subsequently halt his hire-purchase payments and Royscot brought an action against him (for, overwhelm alia, conversion of the car) and Maidenhead Honda (for misrepresentation under s.
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2(1) of the Misrepresentation Act 1967) entering judgment in default against both of them for regaining to be assessed. As against Maidenhead Honda a county court judge 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 guard advanced if Rogersons deposit of £1,200 had in truth re! presented 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 entitle to be put in the position in which they would consent been had they not entered into the hire-purchase...If you want to thwart a full essay, drift it on our website: OrderCustomPaper.com

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