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Words: | Submitted: Mon Jun 19 2006
... and Property Corporation (1884) 28 Ch D 7 the vendor described the tenant of property sold as 'a most desirable tenant and a first class investment'. Bowen LJ said that this constituted a misrepresentation as the person who made the statement was in the position to know the truth, and therefore his opinion became a statement of fact because there was a implied assertion that the statement maker knew of facts that justified his opinion. There is, however, a further difficultly. Technically, the licence will be renewed. Did Bernice realise that the renewal was subject to the condition that a full time door attendant be employed? Perhaps this was a common occurance when a licence came up for renewal. If so, Bernice's silence regarding the condition effectively distorts her original statement, thereby conveying the wrong impression to Avril. In common practice, the statement constitutes a half-truth and, therefore, a statement of ...
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