Vahey v Kenyon [2013] EWCA Civ 658 (31 January 2013)

Vahey v Kenyon [2013] EWCA Civ 658 (31 January 2013)

The judge found that the vendor made materially misleading representations about flooding, the purchaser relied on those representations, and the vendor failed to prove that the purchaser would have proceeded regardless. Therefore, the vendor is liable in deceit and the appeal is dismissed.

Citation
[2013] EWCA Civ 658
Parties
Appellant: Vahey; Respondent: Kenyon
Jurisdiction
England and Wales
Judgment Date
31 January 2013
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Misrepresentation, Deceit, Inducement, Damages
Property Law Tort Law Misrepresentation Deceit Inducement Damages

Case Brief

Summary, issues, holding and outcome

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Parties

Vahey

Appellant

Kenyon

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the vendor's misrepresentation about flooding induced the purchaser to enter the contract
  2. 2 Whether the purchaser would have proceeded with the purchase had the true extent of flooding been disclosed
  3. 3 Whether the misrepresentation caused any loss to the purchaser

Ratio Decidendi

The judge found that the vendor made materially misleading representations about flooding, the purchaser relied on those representations, and the vendor failed to prove that the purchaser would have proceeded regardless. Therefore, the vendor is liable in deceit and the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Damages to be assessed