Gibson v National Cash Register Co Ltd [1925] ScotCS CSIH_1 (20 March 1925)

Gibson v National Cash Register Co Ltd [1925] ScotCS CSIH_1 (20 March 1925)

The defenders failed to prove that their agent disclosed to the pursuer that the cash registers were secondhand. The pursuer established that the agent fraudulently concealed this fact, entitling the pursuer to damages. The evidence of the pursuer and Mrs Mullen was preferred over that of Mr Nathan, whose testimony was found unreliable.

Citation
[1925] ScotCS CSIH_1
Parties
Pursuer: Gibson; Defender: National Cash Register Co Ltd
Jurisdiction
Scotland
Judgment Date
20 March 1925
Procedural Posture
Civil Appeal / Court of Session, Inner House, Final Judgment
Outcome
Appeal allowed; judgment for pursuer
Legal Topics
Fraudulent Misrepresentation, Sale of Goods, Vicarious Liability, Burden of Proof
Contract Law Tort Law Fraudulent Misrepresentation Sale of Goods Vicarious Liability Burden of Proof

Case Brief

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Parties

Gibson

Pursuer

National Cash Register Co Ltd

Defender

Procedural Posture

Civil Appeal / Court of Session, Inner House, Final Judgment

Legal Issues

  1. 1 Whether the pursuer was informed that the cash registers sold were secondhand
  2. 2 Whether the defenders' agent fraudulently concealed the secondhand nature of the goods
  3. 3 Whether the pursuer is entitled to damages for fraud or breach of contract

Ratio Decidendi

The defenders failed to prove that their agent disclosed to the pursuer that the cash registers were secondhand. The pursuer established that the agent fraudulently concealed this fact, entitling the pursuer to damages. The evidence of the pursuer and Mrs Mullen was preferred over that of Mr Nathan, whose testimony was found unreliable.

Court Disposition

Appeal allowed; judgment for pursuer

Orders

  • Defenders held liable for damages for fraudulent misrepresentation
  • Defenders responsible for agent's conduct