Although innocent misrepresentation1 constitutes a ground for the rescission2 of a contract or other binding transaction into which the representee3 has been induced to enter by the misrepresentation, and a defence in any proceedings brought against him to enforce the contract or transaction, a person complaining of having been misled by a misrepresentation to his injury cannot recover damages4 from the representor5 in respect of the injury suffered unless he can show that: (1) the representation was not only false but fraudulent
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Millett LJ subdivided types of constructive trust into two categories, distinguishing between:•the constructive trust proper, where equity intervenes to prevent the legal owner from unconscionably denying the beneficial interest of another (known as the institutional constructive trust)•the
Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners dealing with provisions in the CPR relevant to cross border matters, including CPR 5.4C (discussed below). For guidance on the impact of Brexit on the CPR, see Cross border
This Practice Note covers the legal framework and regulatory guidance to be considered in determining whether an arrangement constitutes a contract of insurance and the possible consequences of carrying on activities relating to a contract of insurance without the requisite regulatory permissionsThe
Overlapping insurance policesThere are various reasons why an insured may end up with overlapping insurance cover, whether deliberately or otherwise.Examples include the situation where the insured takes the benefit of other insurance arranged by another party or where, in the commercial world, risk
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