Court of Appeal of England and Wales cases, https://casebrief.fandom.com/wiki/Redgrave_v_Hurd?oldid=8867. Where you have neither evidence that he knew the facts showing that the statement was untrue, or that he did anything to show that he did not rely upon the statement, the inference remains that he relied upon the statement as being a material statement (condition) in the contract. The defendant subsequently agreed to purchase the property but having placed a deposit on the property and taking possession, he found the business was actually worthless and refused to complete the remainder of the agreement. He was told the partnership had an income of £300 per year and was given the opportunity to look at the accounts. A lawyer agreed to buy a law office from another based on exaggerated representations made on the value of the practice. Redgrave v Hurd (1881) 20 Ch D 1 is an English contract law case, concerning misrepresentation. It holds that a contract can be rescinded for innocent misrepresentation, even where the representee also had the chance to verify the false statement. This can only be refuted by proving that the party hearing the representation had definite knowledge to the contrary, or by explicit evidence that they did not rely on the representation. Redgrave v Hurd (1881) Redgrave, an elderly solicitor, advertised for a partner "who would not object to purchase advertiser's suburban residence, suitable for a family, value £1600'. Redgrave v Hurd: CA 1881 The plaintiff, an elderly solicitor wishing to retire, advertised for someone to enter into partnership with him and to buy his house. The defendant responded and was interviewed at which point he was informed the business was worth £300 per year. Case Brief Wiki is a FANDOM Lifestyle Community. Redgrave told Mr Hurd that the law practice brought in £300 per annum, when it was only £200 per annum. The plaintiff was a solicitor who constructed an advertisement titled ‘Law Partnership’ where he sought a successor who he would take as a Partner on the basis that the individual purchased the plaintiff’s property. Redgrave v Hurd Copyright © 2003 - 2020 - LawTeacher is a trading name of All Answers Ltd, a company registered in England and Wales. Clough v London and North Western Railway Co (1871) LR 7 Exch 26. There is a presumption that any statement made in an attempt to induce another party to enter into a contract is relied upon as a condition if the contract is eventually formed. In-house law team, Contract law – Misrepresentation – Specific performance. Do you have a 2:1 degree or higher? The plaintiff sued for specific performance. Mr Redgrave showed him summaries that came … It holds that a contract can be rescinded for innocent misrepresentation, even where the representee also had the chance to verify the false statement. Redgrave v Hurd 1881 - Court of Appeal. Redgrave advertised to sell his business premises and a share in his business, representing that it brought in between £300 and £400 a year when it truly grossed less than £200 a year. Redgrave v Hurd 20 Ch D 1 is an English contract law case, concerning misrepresentation. On the basis of what Mr. Redgrave published Mr. Hurd purchased the property and the partnership in the law practice on the premises. Innocent misrepresentations lead to a contract being able to be rescinded. He had been given the chance to examine documents that would have revealed the true position, but had declined to do so. Redgrave brought an action for specific performance against Hurd. Original language version (source reference: cf. ” A person induced to enter into a contract by misrepresentation, whether innocent or fraudulent, can rescind the contract. Action for specific performance against Hurd earned about 300 pounds every year from his practice 1 525... 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