Vahey v Kenyon

Vahey v Kenyon

The judge found that the purchaser relied on the vendor's misrepresentation regarding flooding, and the evidence did not support a finding that the purchaser would have proceeded with the purchase regardless. Therefore, the misrepresentation was causative of loss and the appeal must be dismissed.

Parties
Appellant: Vahey; Respondent: Kenyon
Jurisdiction
England and Wales
Judgment Date
31 January 2013
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Misrepresentation, Deceit, Inducement, Damages
Property Law Contract Law Tort Law Misrepresentation Deceit Inducement Damages

Case Brief

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Parties

Vahey

Appellant

Kenyon

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the vendor's misrepresentation caused loss to the purchaser
  2. 2 Whether the purchaser relied on the misrepresentation when entering the contract

Ratio Decidendi

The judge found that the purchaser relied on the vendor's misrepresentation regarding flooding, and the evidence did not support a finding that the purchaser would have proceeded with the purchase regardless. Therefore, the misrepresentation was causative of loss and the appeal must be dismissed.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed