WebMay 18, 2024 · Thomas Witter Ltd v TBP Industries [1996] 2 All ER 573 is an English contract law case, concerning misrepresentation. Doubt has been cast in its decision as … Thomas Witter Ltd v TBP Industries [1996] 2 All ER 573 is an English contract law case, concerning misrepresentation. Doubt has been cast in its decision as to availability of rescission by Floods of Queensferry Ltd v Shand Construction Ltd and Government of Zanzibar v British Aerospace (Lancaster House) Ltd.
Contractual Obligations, Professor Rosalie Jukier Fall …
WebThomas Witter Ltd v TBP Industries [1996] 2 All ER 573 is an English contract law case, concerning misrepresentation. Doubt has been cast in its decision as to availability of rescission by Floods of Queensferry Ltd v Shand Construction Ltd and Government of Zanzibar v British Aerospace Ltd. WebJul 16, 2015 · Jacob J adopted the contrary view in Thomas Witter Ltd v TBP Industries Ltd [1996] 2 All E R 573 after Mr David Foxton of counsel, with commendable industry, unearthed a statement from the Solicitor General (Sir Dingle Foot) during the passing of the Act through Parliament which assumed that unavailability of rescission would not prevent damages. thief java
Misrepresentation Cases - lawprof.co
WebAug 15, 2002 · It has been a traditional requirement of rescission (ab initio), even as a response to fraudulent misrepresentation, that it must be possible to restore both parties to the relevant contract to some equivalence of their pre-contract positions.A line of cases involving rescission of guarantees has, however, permitted a surety to be entirely released … WebView full document. Thomas Witter Ltd v TBP Industries Ltd (1996) attempts to clarify this: i. Held: Jacob J held, “the power to award damages under S 2 (2) does not depend upon an extant right to rescission – it depends upon a right having existed in the past”. ii. NB: Relied on interpretation of legislative history d. WebT h o ma s W i t t e r L t d v T B P I n d u st ri e s L t d [ 1 9 9 6 ] 2 A l l E R 5 7 3 The case examines misrepresentation during sale negotiations. E vi d e n ce The plaintiff wanted to … thief james caan streaming