Foster & Anor v Action Aviation Ltd & Ors

Foster & Anor v Action Aviation Ltd & Ors

The trial judge's finding that Mr Harding made a negligent but not fraudulent misrepresentation was supported by the evidence and should not be disturbed. Mr Harding cannot be held personally liable for negligent misrepresentation as he did not assume personal responsibility, and the seller company acted as agent for the legal owner of the aircraft, not for Mr Harding personally.

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 Judgment
Outcome
Appeal dismissed
Legal Topics
Negligent Misrepresentation, Fraudulent Misrepresentation, Personal Liability of Directors, Agency Law
Contract Law Tort Law Negligent Misrepresentation Fraudulent Misrepresentation Personal Liability of Directors Agency Law

Case Brief

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Parties

Foster & Anr

Appellants

Action Aviation Limited & Ors

Respondents

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether Mr Harding made a negligent or fraudulent misrepresentation regarding the aircraft's accident history
  2. 2 Whether Mr Harding can be held personally liable for negligent misrepresentation as a director
  3. 3 Whether the doctrine of undisclosed principal applies to make Mr Harding contractually liable

Ratio Decidendi

The trial judge's finding that Mr Harding made a negligent but not fraudulent misrepresentation was supported by the evidence and should not be disturbed. Mr Harding cannot be held personally liable for negligent misrepresentation as he did not assume personal responsibility, and the seller company acted as agent for the legal owner of the aircraft, not for Mr Harding personally.

Court Disposition

Appeal dismissed