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" ... if the representation was honestly made, and believed at the time to be true by the party making it, though not true in point of fact, we think this does not amount to fraud in law, but that the rule of caveat emptor applies, and the representation... "
The Law Review and Quarterly Journal of British and Foreign Jurisprudence - الصفحة 466
1846
عرض كامل - لمحة عن هذا الكتاب

Jurist: Containing Reports of All Cases Determined in Law and in ..., الجزء 1

1866 - عدد الصفحات: 1074
...Omerod v. Hutts (14 M. & W. G64), Tindal, CJ, after stating, that if a representation of quality is honestly made, and believed at the time to be true...party making it, though not true in point of fact, no action lies, observes as follows : — " Although the cases may in appearance raise some difference...

Reports of Cases Argued and Determined in the Courts of Exchequer ..., المجلد 14

Great Britain. Court of Exchequer, Roger Meeson, William Newland Welsby - 1846 - عدد الصفحات: 944
...he can shew that the representation was bottomed in fraud. If, indeed, the representation was false to the knowledge of the party making it, this would...amount to fraud in law, but that the rule of caveat emptor applies, and the representation itself does not furnish a ground of action. And although the...

Precedents in Pleading: With Copious Notes on Pleading ..., المجلدات 1-2

Joseph Chitty - 1847 - عدد الصفحات: 1002
...can show that the representatior. was bottomed in fraud ; if, indeed, the representation was false to the knowledge of the party making it, this would...party making it, though not true in point of fact, this does not amount u fraud in law, the rule of caveat emptor applies, and the representation itself...

The Law of Contracts: In a Course of Lectures Delivered at the Law Institution

John William Smith - 1847 - عدد الصفحات: 438
...can show that the representation was bottomed in fraud. If, indeed, the representation •was false to the knowledge of the party making it, this would, in general, be conclusive evidence of fraud ; monly occur in practice of implied prohibition are in cases in which an act does not in express but...

Reports of Cases in Law and Equity, Argued and Determined in the ..., المجلد 32

Georgia. Supreme Court - 1869 - عدد الصفحات: 792
...to do, "that if, indeed, the representations were false, to the knowledge of the party making them, this would, in general, be conclusive evidence of fraud ; but if the representations were honestly made, and believed at the time to be true by the party making them, though...

Reports of Cases in Law and Equity, Argued and Determined in the ..., المجلد 6

Georgia. Supreme Court - 1849 - عدد الصفحات: 714
...indeed, the reptesentation was false, to the knowledge of the party making it, this would be, in general, conclusive evidence of fraud ; but if the representation...believed at the time to be true, by the party making it, although not true in point of fact, we do not think that this amounts to fraud in law." 14 SI. If W....

A Selection of Legal Maxims: Classified and Illustrated

Herbert Broom - 1852 - عدد الصفحات: 616
...ho can show that the representation was bottomed in fraud. If, indeed, the representation was false to the knowledge of the party making it, this would...conclusive evidence of fraud ; but if the representation 1 Fuller v. Wilson, 3 QB 58 ; ECLK 43. The facts of this case were afterwards turned into a special...

The Doctrine of Equity: Being a Commentary on the Law as Administered by the ...

John Adams - 1852 - عدد الصفحات: 816
...explicitly agreed that they shall do so ; but if a warranty or covenant is not given, a mere representation honestly made, and believed at the time to be true by the party making it, though not true in fact, does not amount to fraud, (q) (d) Vernon v. Keys, 12 East, 63. (p) Smith v. Clarke, 12 Ves. 477...

Questions and Answers on Law: Alphabetically Arranged. With ..., المجلد 8

Asa Kinne - 1852 - عدد الصفحات: 358
...he can show that the representation was bottomed in fraud. If, indeed, the representation was false to the knowledge of the party making it, this would...in general be conclusive evidence of fraud ; but if SENIOR CREtflTOH, ETC. 201 the representation was honestly made, and believed at the time to be true...

The Law of Contracts: A Course of Lectures

John William Smith - 1853 - عدد الصفحات: 488
...he can show that the representation was bottomed in fraud. If, indeed, the representation was false to the. knowledge of the party making it, this would,...believed at the time to be true by the party making it, although not true in point of fact, we think this does not amount to fraud in law; but that the rule...




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