||All England Reporter
|| All ER (D) 180 (Oct)
|| EWHC 2313 (QB)
||Queen's Bench Division
||Simon Mills (instructed by Key2 Law LLP) for the claimant.
||Timothy Frith (instructed by Devonshires) for the first and second defendants.
||12 October 2007
Misrepresentation - Innocent misrepresentation - Agent - Finance agreement - Finance company's agent producing brochure explaining finance options and requirement to enter a warranty to cover for fraud - Defendants breaching warranty in agreement - Finance company seeking to enforce indemnity clause - Defendants alleging misrepresentation by finance company's agent - Whether material misrepresentation sufficient to set-aside agreement.
Misrepresentation Innocent misrepresentation. In the instant case, the defendants who were directors of a company which had sought finance from the claimant, were not liable to pay under an indemnity, which the latter had sought, after the former had breached the terms of their agreement, by going into administration; by reason of a material misrepresentation arising from a brochure, which had induced them to enter into that agreement.
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