Newman v Marks [1985] JLR 338 (13 May 1986)

Newman v Marks [1985] JLR 338 (13 May 1986)

An action for innocent or negligent misrepresentation cannot succeed unless the representation was both intended to be relied upon and was actually relied upon by the party to whom it was made.

Citation
[1985] JLR 338
Parties
Applicant: Newman; Respondent: Marks
Jurisdiction
Jersey
Judgment Date
13 May 1986
Procedural Posture
Civil / Judgment
Outcome
claim dismissed
Legal Topics
Misrepresentation, Reliance
Contract Law Misrepresentation Reliance

Case Brief

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Parties

Newman

Applicant

Marks

Respondent

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether an action lies for innocent or negligent misrepresentation if the representation was not intended to be relied upon and was not in fact relied upon by the party to whom it was made.

Ratio Decidendi

An action for innocent or negligent misrepresentation cannot succeed unless the representation was both intended to be relied upon and was actually relied upon by the party to whom it was made.

Court Disposition

claim dismissed