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Attwood v Small

[1838] 6 Cl & Fin 232

Case summary last updated at 02/01/2020 14:51 by the Oxbridge Notes in-house law team.

Judgement for the case Attwood v Small

 The purchasers of a mine were told exaggerated statements about its earning capacity by the vendors. The purchasers had these statements checked by their own expert agents, who in error reported them as correct. Six months after the sale was complete the plaintiffs found the defendant's statement had been inaccurate and they sought to rescind on the ground of misrepresentation. Held: There was no misrepresentation because purchaser did not rely on the representations - they relied on that of their experts. 

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