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Contract

21 February 2014
Issue: 7595 / Categories: Case law , Law digest , In Court
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Cramaso LLP v Ogilvie-Grant and others [2014] UKSC 9, [2014] All ER (D) 106 (Feb)

The law relating to the effect of representations upon a contract proceeded on the basis that a representation made in the course of pre-contractual discussions might produce a misapprehension in the mind of the other party which continued so as to have a causative effect at the time when the contract was concluded. It was on that basis that a misrepresentation might lead to the setting aside of the contract as being vitiated by error or fraud. A representation made as a matter of inducement to enter into a contract was, depending upon the facts of the individual case, to be treated as a continuing representation. The law was capable, in appropriate circumstances, of imposing a continuing responsibility upon the maker of a pre-contractual representation in situations where there was an interval of time between the making of the representation and the conclusion of a contract in reliance upon it, on the basis that, where the representation had a continuing effect, the representor had a continuing responsibility in respect of its accuracy. The

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