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Fraudulent Misrepresentation
“Though speak’st like him’s untutored to repeat: Who makes the fairest show means most deceit”. [William Shakespeare] Deceit and Loss When deceit is practised and damage results how is that loss to be calculated? This was a question which the Court of Appeal was asked to decide in the reported case of Glossop Cartons and … Continue reading Fraudulent Misrepresentation
Limitation, Damage and THE Running of Time
Limitation : when time begins to run. Preface In order to be actionable (i.e. sustainable at law) all claims for legal remedies ( ie causes of action) must be must involve some element of breach and that breach in turn must cause loss. It follows that one cannot sue on a cause of action unless … Continue reading Limitation, Damage and THE Running of Time
Limitation and the Midnight Hour
Limitation and the Midnight Hour The majority of common law legal systems contain rules which specify the length of time in which a Claimant has to commence legal proceedings. Once the relevant period has expired the Claimant is prohibited from bringing any claims thereafter. These restrictions are founded upon sound policy precepts: the obligation on … Continue reading Limitation and the Midnight Hour
Richard Peter Tymkiw LLB (Hons) 
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