First Principles of Business Law

Circumstances that may invalidate a legal transaction

6. Misrepresentation

6.3. Negligent misrepresentation

 

 

 

Read the facts and the question and then choose the best answer.

A buys a year-old racehorse and places it in the care of B's stables. The purchase is purely an investment and A does not take a close interest in the horse, going only occasionally to see it training or racing. When the horse is three years old, C offers to buy it. During their discussions A, who has never been told of any illness, says that the horse has always been healthy. After buying the horse, C discovers that, a year before, it had a serious respiratory infection which can cause long-term damage. C immediately informs A that he is avoiding the contract. He also wants to claim damages from A. Does the common law or equity entitle C to the relief he wants?

(a) In the circumstances there would be no liability for breach of contract. But A has misrepresented the facts about the health of the horse he sold to C and C can claim damages in tort law for this. C would also be entitled to avoid the contract.

(b) In the circumstances there would be liability either for breach of contract or in tort law for A's misrepresentation regarding the health of the horse he sold to C. C can sue in either contract or tort law to avoid the contract and claim damages.

 

 

 

 

 

 

 

 

 

 

 

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