From: Andrew Tettenborn <a.m.tettenborn@swansea.ac.uk>
To: Jason W Neyers <jneyers@uwo.ca>
obligations@uwo.ca
Date: 29/06/2017 15:14:01 UTC
Subject: Re: ODG: Deceit Damages Case

Try McBride v Christie’s Australia Pty Ltd [2014] NSWSC 1729. A painting was auctioned on terms that if it was found to be non-genuine within five years, the sale could be undone by the purchaser. The auctioneers made innocent representations as to its authenticity before the auction; shortly after the sale they discovered the truth but said nothing. They were held liable in deceit, the reliance lying in the fact that the buyers had thus been prevented from cancelling the sale.

Andrew


On 29/06/2017 14:57, Jason W Neyers wrote:

Dear Colleagues:

 

Has anyone ever come across a deceit case where the claimant was awarded damages in a situation where, instead of giving away something (money, shares, etc) or purchasing something, they retained something (shares or an investment) and this retention caused them damage/loss?

 

Sincerely,

 

 

esig-law

Jason Neyers
Professor of Law
Faculty of Law
Western University
Law Building Rm 26
e. jneyers@uwo.ca
t. 519.661.2111 (x88435)

 


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Andrew Tettenborn
Professor of Commercial Law, Swansea University

Institute for International Shipping and Trade Law
School of Law, University of Swansea
Richard Price Building
Singleton Park
SWANSEA SA2 8PP
Phone 01792-602724 / (int) +44-1792-602724
Cellphone 07472-708527 / (int) +44-7472-708527
Fax 01792-295855 / (int) +44-1792-295855



Andrew Tettenborn
Athro yn y Gyfraith Fasnachol, Prifysgol Abertawe

Sefydliad y Gyfraith Llongau a Masnach Ryngwladol
Ysgol y Gyfraith, Prifysgol Abertawe
Adeilad Richard Price
Parc Singleton
ABERTAWE SA2 8PP
Ffôn 01792-602724 / (rhyngwladol) +44-1792-602724
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Ffacs 01792-295855 / (rhyngwladol) +44-1792-295855




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