Contract Law - Litigating Hand

Avitel Post Studioz Limited and vs Hsbc Pi Holding (Mauritius) [CIVIL APPEAL NO. 5145 OF 2016]: Supreme Court of India

Principles apply in assessing the damages payable where the plaintiff has been induced by a fraudulent misrepresentation to buy property

19. In this judgment of Lord Browne-Wilkinson, a useful summary of the principles that apply in assessing the damages payable where the plaintiff has been induced to enter into a contract by a fraudulent misrepresentation, are stated as follows:

“In sum, in my judgment the following principles apply in assessing the damages payable where the plaintiff has been induced by a fraudulent misrepresentation to buy property:

(1)  the defendant is bound to make reparation for all the damage directly flowing from the transaction;

(2)  although such damage need not have been foreseeable, it must have been directly caused by the transaction;

(3)  in assessing such damage, the plaintiff is entitled to recover by way of damages the full price paid by him, but he must give credit for any benefits which he has received as a result of the transaction;

(4)  as a general rule, the benefits received by him include the market value of the property acquired as at the date of acquisition; but such general rule is not to be inflexibly applied where to do so would prevent him obtaining full compensation for the wrong suffered; 

The Bar Council of India does not permit solicitation of work and advertising by legal practitioners and advocates. By accessing the Litigating Hand website (our website), the user acknowledges that: