References in periodicals archive

Section 2(1) of the 1967 Act provides, in principle, that damages may be awarded even for an innocent misrepresentation, unless the party making it reasonably believed that the facts represented were true; and section 2(2) provides, broadly, that where a non-fraudulent misrepresentation gives an entitlement to rescission, and the court considers that it would be equitable to award damages in lieu of rescission, it may do so.

THE IMPACT OF CURRENCY FLUCTUATIONS IN THE WORLD OF ART AND ANTIQUITIES

rescission in innocent misrepresentation cases, Part I shows how

Against insurance rescission

Innocent misrepresentations are misrepresentations which the vendor honestly believes to be true.

Did you get what you paid for? Caveat emptor stands for the proposition that a purchaser takes a property, with all defects of quality and condition, as he or she finds it

Certain states do not require knowledge of a misrepresentation in order to rescind a policy, and an innocent misrepresentation is enough to void coverage.

Here today, gone tomorrow: the directors' and officers' insurance market has grown, as the risk of rescission and securities settlements climb in the wake of regulatory investigations

Cowan says the second case is one of innocent misrepresentation.

The Judge; Squeals on wheels

As to those kinds of questions, insureds are viewed as being asked only for opinions, not facts.(67) The implicit qualifications in these questions have the effect of disallowing avoidance for an innocent misrepresentation, even when state law purports to allow such action.

Health and life insurance applications: their role in the claims review process