WebVITIATING FACTORS OF A CONTRACT A) MISTAKE Sovirivan Breeners Co. v Hindley & Co. [1913] 3 KB 564 Sheikh Brothers Ltd. v Oschener & Anor ... [1986] Smith v Land and House Property Corporation (1984) Notts Patent Brick and Tile Co. v Butler (1866) Redgrave v Hurd (1881) Attwood v Small (1838) ... WebTake the case of Nottingham Patent Brick & Tile Co v Butler (1885) LR 16 QBD, where a solicitor was asked whether any restrictive covenants burdened some land. The solicitor answered that he was not aware of any, which was technically true, as he had not yet checked. Of course, when he checked, there was some restrictive covenants.
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WebNotts Patent Brick and Tile Co v Butler (1886) A purchaser of land was told by the vendor’s solicitor that he was not aware of any restrictive covenants. This statement was literally true, but only because the solicitor had omitted to read any of the relevant title documents that would have disclosed the covenants. WebThe case of Nottingham Patent Brick & Tile Co Ltd v Butler [1886] established which point of law? A contract may be rescinded due to common mistake where the contract is valid and enforceable correct incorrect. A fiduciary relationship may be presumed between a husband and wife correct incorrect. camping border ranges
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WebNottingham Brick & Tile Co v Butler (1889) 16 QBD 778. The buyer of land asked the seller’s solicitor if there were any restrictive covenants on the land and the solicitor said he did … Nottingham Patent Brick & Tile Co v Butler (1886) 16 QBD 778. Representations, restrictive covenants and avoiding a contract. Facts. The owner of land divided it into thirteen plots and sold these to various buyers over a period of three years. See more The owner of land divided it into thirteen plots and sold these to various buyers over a period of three years. The conveyances all contained covenants restricting the … See more The issues in this context were whether the covenants were enforceable and, if so, whether the representations made by the defendant’s solicitor were such as to … See more It was held that the covenants were enforceable against the claimant and it would therefore be prevented from using the land as a brickyard. It was also held that … See more Web5 Notts Patent Brick and Tile Co. v. Butler, [1885] 15 Q.B.D. 261. 6 ANSON, LAW OF CONTRACT 28 (2002). ... position of the parties is of fered in Amrit Banaspati Co. Ltd. v . State of Punjab, 11 8 Times News Network, 3 Idiots may sue Chetan Bhagat, January 4th, 2010, available at camping border ranges national park