In every case where it is necessary to prove actionable damage1 it is also necessary for the representee2 to establish a causal connection, as distinct from a relation of mere sequence and succession, between the damage and the misrepresentation. The damage must be shown to have been a natural and direct result of the misrepresentation being acted on or, where the representee is induced by fraudulent misrepresentation to believe a certain state of things to exist3, of the misrepresentation being believed4. Where this connection is not made out, then, even if he proves that he did in fact sustain
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The right to notice means a right for the employee to remain in employment for the period of notice, not simply to be paid for it. An employer will therefore often include in the contract an express right to make a payment in lieu of notice ('PILON') as an alternative to giving notice, to ensure
Deceit—what is it?A deceit occurs when a misrepresentation is made with the express intention of defrauding a party, subsequently causing loss to that party.The elements of a claim in deceit are:•a clear false representation of fact or law•fraud by the maker, in the sense that they knew that the
On the disposition of a property (whether by way of conveyance, transfer or charge), the party making the disposition will normally provide a title guarantee which implies standard form covenants for title. A landlord may give a title guarantee when granting a lease, but this is rare in practice.
When restructuring is considered rather than formal insolvency proceedings (see Practice Note: Benefits of restructuring over formal proceedings) the company may want to ensure that relevant creditors quickly enter a standstill agreement to gain some breathing space to consider a restructuring
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