26 Sept 2011
HAMID V ENGLAND HC AK CIV-2009-404-003697
- Citation
- openlaw-9581a3b3_2480_4b37_9610_964e15ce22a9.pdf
- Court
- High Court
Judge found Mr England was acting in trade and made a misleading representation by saying he was not aware of problems while he knew of an earlier adverse moisture inspection; Barfoot & Thompson held apparent authority and was therefore liable under s45(4); Mrs England (vendor) was not in trade; the CBZ report influenced the purchase but did not sever causation; purchaser contributed to loss (25%); apportionment of liability: first defendant 80%, third defendant 20%; plaintiffs awarded monetary relief (plaintiffs awarded 75% of agreed primary loss and 75% of reduced general damages).