Damages and the Misrepresentation Act

*L.Q.R. 547  IN Royscot Trust Ltd. v. Rogerson [1991] 3 W.L.R. 57 the plaintiff finance company (Royscot) was induced into attaining into a hire- bargain for excavate with a customer (Rogerson) through the trick of a air cable railcar principal (maidenhead Honda). The subject-matter of the transaction was a second-hand get car which was sold by Maidenhead Honda to Royscot and therefore hired by Royscot to Rogerson on hire- procure 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 that 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 desolate third troupe who took good tit le under the victuals of the Hire bribe defend 1964 (as re-enacted by the Con imparter quotation Act 1974). Rogerson subsequently halt his hire-purchase payments and Royscot brought an action against him (for, sink 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 remedy to be assessed. As against Maidenhead Honda a county court guess 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 Ro gersons deposit of £1,200 had in truth repr! esented 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 authorise to be put in the position in which they would train been had they not entered into the hire-purchase...If you want to thwart a full essay, erect it on our website: OrderCustomPaper.com

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