Foster & Anor v Action Aviation Ltd & Ors [2014] EWCA Civ 1368 (23 October 2014)
The Court of Appeal upheld the trial judge's findings that the representation was made negligently, not fraudulently, and that Mr Harding could not be held personally liable for the negligent misrepresentation as he was not the principal or a party to the contract.
- Citation
- [2014] EWCA Civ 1368
- Parties
- Appellants: Foster & Anr; Respondents: Action Aviation Limited & Ors
- Jurisdiction
- England and Wales
- Judgment Date
- 23 October 2014
- Procedural Posture
- Civil Appeal / Appeal From High Court (queen's Bench Division, Commercial Court) to Court of Appeal
- Outcome
- Appeal dismissed
- Legal Topics
- Misrepresentation, Negligence, Fraud, Agency, Personal Liability of Directors, Undisclosed Principal
Case Brief
Summary, issues, holding and outcome
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Parties
Foster & Anr
Appellants
Action Aviation Limited & Ors
Respondents
Procedural Posture
Civil Appeal / Appeal From High Court (queen's Bench Division, Commercial Court) to Court of Appeal
Legal Issues
- 1 Whether the representation that the aircraft had not been in an accident was made
- 2 Whether the representation was made fraudulently or negligently
- 3 Whether Mr Harding could be held personally liable for negligent misrepresentation
Ratio Decidendi
The Court of Appeal upheld the trial judge's findings that the representation was made negligently, not fraudulently, and that Mr Harding could not be held personally liable for the negligent misrepresentation as he was not the principal or a party to the contract.
Court Disposition
Appeal dismissed
Orders
- The appeal is dismissed; the findings of the trial judge are upheld.
Full Case Text
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