The Law Reports (Ireland); Published Under the Control of the Council of Law Reporting in Ireland, Containing Reports of Cases Argued and Determined ... Justice, and the Court of Bankruptcy Volume 5 by Ireland. Court of Appeal
The Law Reports (Ireland); Published Under the Control of the Council of Law Reporting in Ireland, Containing Reports of Cases Argued and Determined ... Justice, and the Court of Bankruptcy Volume 5 by Ireland. Court of Appeal PDF, ePub eBook D0wnl0ad
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1881 edition. Excerpt: ...can be properly given. The argument appeared to be, that as the Plaintiff has elected to proceed for compensation under the 6th clause of the contract, he is precluded from relying on the misrepresentation being fraudulent, and that, if it was not fraudulent, he is precluded by his having gone on to complete. This assumes the rule of law to be, that for an innocent misrepresentation no compensation can be claimed after completion--a question I have not felt myself bound to decide. But, even on this assumption, I do not agree in the proposition that a purchaser cannot rely upon a misrepresentation being fraudulent if he elects to claim compensation under the contract. There is nothing in the language of the 6th clause to exclude the case of a fraudulent mis-statement; and, in my opinion, the purchaser may elect to claim under it in such case, although he might possibly have been entitled to sue for a rescission. It was also contended that the case did not come within that clause, because, as was said, this misrepresentation was not material. I am of opinion, as I have already stated, that this misrepresentation was material. I am of opinion that the Plaintiff is entitled to judgment, and that the amount of compensation should be measured either by arbitration, as provided for by the agreement, or by an inquiry at Chambers. The Defendant must pay the costs, down to and including this hearing, and further costs must be reserved. Solicitor for the Plaintiff: Mr. Jo/m lllazmsell. Solicitor for the Defendant: Mr. W. Lane J01/nt. HAMILTON r. MOLLOY. Settlement of freehold for lives renewable--Subseguent purchase for value-Liability to rent as a valuable consideration of a settlement thereof. One entitled as assignee to portions of premises held...From reader reviews:
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