A Treatise On the Specific Performance of Contracts
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Small was much discussed. In Redgrave v. Hurd, the misrepre- sentation was in respect of a solicitor's practice, and the judge who tried the case concluded that the de- fendant did not rely on the misrepresentations, but bought without regard to them. From this conclusion the Court of Appeal dissented, and in the course of his judgment^ Jessel M.R. said, "If it {i.e., the repre- sentation made) is a material representation calculated to induce him {i.e., the party resisting performance) to ente...r into the contract, it is an inference of law that he was induced by the representation to enter into it." This is probably an erroneous statement ; but the law probably justifies this view that if the representation be of a kind likely to be influential on the mind, the Court will so hold it on very slight evidence, unless the contrary be satisfactorily shown by evidence or admission. But in every case the question whether or no reliance was placed upon the statement made is a question of fact, and not an inference of law.^ ' 20 Ch.
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To quickly assess the difficulty of the text, read a short excerpt:
Small was much discussed. In Redgrave v. Hurd, the misrepre- sentation was in respect of a solicitor's practice, and the judge who tried the case concluded that the de- fendant did not rely on the misrepresentations, but bought without regard to them. From this conclusion the Court of Appeal dissented, and in the course of his judgment^ Jessel M.R. said, "If it {i.e., the repre- sentation made) is a material representation calculated to induce him {i.e., the party resisting performance) to ente...r into the contract, it is an inference of law that he was induced by the representation to enter into it." This is probably an erroneous statement ; but the law probably justifies this view that if the representation be of a kind likely to be influential on the mind, the Court will so hold it on very slight evidence, unless the contrary be satisfactorily shown by evidence or admission. But in every case the question whether or no reliance was placed upon the statement made is a question of fact, and not an inference of law.^ ' 20 Ch.
What to read after A Treatise On the Specific Performance of Contracts?
You can find similar books in the "Read Also" column, or choose other free books by Fry, Edward, Sir, 1827-1918 to read onlineMoreLess
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