Legal News

Court considers pre-contract inquiries and duties to prospective buyers (Francis v Knapper)

Court considers pre-contract inquiries and duties to prospective buyers (Francis v Knapper)
Published on: 05 January 2017
Published by: LexisPSL
  • Court considers pre-contract inquiries and duties to prospective buyers (Francis v Knapper)
  • Original news
  • What practical implications might this decision have?
  • What are the common issues in this area of law and did the decision help clarify this area of law?
  • Does the decision take the existing law on misrepresentation (particularly the liability of a seller’s solicitor) or deceit any further?
  • Are there any remaining grey areas, or could the decision have any unintended consequences?
  • What should lawyers take note of?
  • What are the trends in this area of law? Do you have any predictions for the future?

Article summary

Property analysis: In Francis v Knapper the High Court considered the circumstances in which a solicitor’s personal interests can cross over with his professional duties and confirmed that when providing replies to enquiries, a seller, or its representative, has to be aware that careless (but not actively dishonest) responses may still leave open a claim of negligent misrepresentation, or even deceit. James Sutherland, Partner at Burges Salmon, looks at the details of this case. or take a trial to read the full analysis.

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