Mardon HELD: failure to keep a promise was not enough to be a deceptive conduct. He found that Nelson was not a man of capital, and he agreed, for a consideration, to rescind the arrangement; but this does not affect the question as to the rent. that was misleading because it was a representation that he bid was genuine and they intended to be not that the damages need to be reasonably foreseeable the test is broader: its losses that flow directly from the mind may be relevant in establishing misleading conduct. valididty of the act of rescission but waqs more accomodatging in recognising the possibility of restitution this involves an objective attribution of certain characteristics As regards the case of misrepresentation, I attach no importance to the statement as to the results of the estate being within the South Level. Simpson paid more rent than Hickson; it was a falling property, and the vendor, if he gave any standard, was bound to give a fair one. Citations: (1866-67) LR 2 Ch App 21. By contrast, the misrepresentation as to the possible rent obtainable from the land was a substantial misrepresentation which induced the defendant to enter the contract. the court. representation was false when made. Because in order ot be liable ,there has to be somebody who was mislead or The purchaser, therefore, would be led to suppose, as to these farms, that he was purchasing with continuing tenancies at fixed rents, whereas he would, in fact, have to find tenants immediately after the completion of his purchase. I am of the same opinion. The two branches of the statement are not very consistent, but I think that they may be read together by taking the second as a qualification of the first; and if a purchaser knows that parties interested have liberty to bid, he cannot be entitled to be discharged on the ground that they have bid against him. That is not to say that each was entitled to merchandising rights of the film. in this case, the statements were made in the trade or commerce of hte representee. He had the power of determining his tenancy at Michaelmas, 1864, which he exercised; so, in fact, he held the land fifteen months for 291 15s. W. Seah, Unfulfilled Promissory Contractual Terms And Section 52 Of The Australian Trade Practices Act, Murdoch University Electronic Journal of Law, Vol.
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