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An untrue statement and deliberately concealing defects
Schneider v Heath (1813)
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Created by
Joel Kwayie
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Cards (5)
A
ship
was sold to be taken with all faults. The vendor knew that She was unseaworthy
The particulars of sale stated that her
hull
was
nearly as good
as when launched
In fact, the
hull
was rotten and the captain took her to a place where he kept her
constantly afloat
Ruling
The knowledge of the
captain
should be imputed to the owner of the
ship
and the contract should be set aside for misrepresentation
Point of Law
You can
misrepresent
by
deliberately concealing
defects even if you stay silent