The continuing effect of a negligent pre-contractual misrepresentation — Cramaso v Ogilvie-Grant, Earl of Seafield and Others
Pre-contractual representations: to whom is the duty owed? A recent Supreme Court judgment dealing with an appeal from the Scottish Inner House decides that a party can be liable for a pre-contractual misrepresentation, even though the representation was first made to a party other than the ultimate contracting party. While this is a decision developing upon Scottish law principles, it may well be persuasive (and is therefore significant) authority for English jurisprudence.
The respondents were the owners of a grouse moor at Castle Grant in Scotland, over which commercial shooting takes place. They sought to attract a tenant who would be willing to undertake the substantial investment in the moor in order to increase the number of grouse. In autumn 2006, the respondents contacted an individual, E, to pursue the possibility of his taking a lease of the moor.
The respondents made representations in an email to reassure E that the moor had the capacity to bear the planned shooting that season. The email included information about grouse counts and the estimated grouse population of the moor, extrapolated from the counts. The counts were based on the parts of the moor that were considered to be the most heavily populated by grouse and were not representative of the moor as a whole. As a result, the estimated grouse population, as stated in the email, was well in excess of the actual population…
Click on the link below to read the rest of the Ince & Co briefing.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Ince & Co
News from The Lawyer
Briefings from Ince & Co
Last June Brent Crude oil was trading at around $115 per barrel, with average prices having remained in triple digits for most of the preceding three years. However, the past six months have seen a dramatic slump.
A claim brought by Mariah Re is one of few cat bonds to have been triggered, and almost as quickly went into dispute.