- Court decision is warning to sellers and buyers in all transactions (Djurberg (t/a Hampton Riviera) v Small)
- Original news
- What is the background to this case?
- What is the significance of this case? Why is it important for practitioners?
- How helpful is this judgment in clarifying the law in this area? Are there any remaining grey areas?
- What are the practical implications of the judgment? What should practitioners be mindful of when advising in this area?
- How does this case fit in with other developments in this area of the law? Do you have any predictions for future developments in this area?
Commercial analysis: Kate Andrews, partner at Hamlins LLP, outlines the recent case, Djurberg (t/a Hampton Riviera) v Small, explaining that although the seller’s misrepresentation of the mooring rights did not constitute fraud, it was nevertheless fundamental to the purchasers’ decision to buy. This led the High Court to release both sets of purchasers from the full consequences of their signatures.
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