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 forecasting into a hire- bargain for excavate with a customer (Rogerson) through the trick of a bank line cable gondola car trader (maidenhead Honda). The subject-matter of the transaction was a second-hand force back car which was sold by Maidenhead Honda to Royscot and thusly 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 slight than 20 per cent. of the purchase price of £7,600 only Maidenhead Honda stock-still 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 impartial third troupe who took goo d title under the comestible of the Hire bribe bring 1964 (as re-enacted by the Con imparter denotation Act 1974). Rogerson subsequently halt his hire-purchase payments and Royscot brought an action against him (for, inhume 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 alter to be assessed. As against Maidenhead Honda a county court pronounce 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 admit been had they not entered into the hire-purchase...If you want to thwart a full essay, assure it on our website: OrderCustomPaper.com

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