Hart v. Fraser [1906] ScotLR 44_31 (07 November 1906)

Hart v. Fraser [1906] ScotLR 44_31 (07 November 1906)

Relevant averments entitle pursuer to both issues—fraudulent misrepresentation and essential error induced by misrepresentation—since the materiality of the misrepresentation to the contract is a question for the jury.

Citation
[1906] ScotLR 44_31
Parties
Pursuer: Thomas Hart; Defender: Donald Fraser
Jurisdiction
Scotland
Judgment Date
07 November 1906
Procedural Posture
Action for Reduction of Contract / Appeal Against Interlocutor Disallowing Second Issue
Outcome
Lord Ordinary's interlocutor recalled; both issues approved for jury trial
Legal Topics
Fraudulent Misrepresentation, Essential Error, Reduction of Contract, Sale of Business, Licensing
Contract Law Civil Procedure Fraudulent Misrepresentation Essential Error Reduction of Contract Sale of Business Licensing

Case Brief

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Parties

Thomas Hart

Pursuer

Donald Fraser

Defender

Procedural Posture

Action for Reduction of Contract / Appeal Against Interlocutor Disallowing Second Issue

Legal Issues

  1. 1 Whether pursuer was induced to sign contract by fraudulent misrepresentation
  2. 2 Whether pursuer signed contract under essential error as to a material part induced by misrepresentation

Ratio Decidendi

Relevant averments entitle pursuer to both issues—fraudulent misrepresentation and essential error induced by misrepresentation—since the materiality of the misrepresentation to the contract is a question for the jury.

Court Disposition

Lord Ordinary's interlocutor recalled; both issues approved for jury trial

Orders

  • Both issues—fraudulent misrepresentation and essential error—allowed for trial by jury