In Hands v Simpson, Fawcett & Co Ltd (1928) 44 TLR 295 the facts of the case were as follows.
In Hands v Simpson, Fawcett & Co Ltd (1928) 44 TLR 295 the facts of the case were as follows. The claimant was employed as a commercial traveller and had to use a car in his work. He was convicted of dangerous driving and banned from driving for three months. His employers dismissed him. The fact that the claimant had been banned was not enough to justify a dismissal, because a substitute could have been used for three months. The employers claimed that the claimant’s not having revealed that he had been imprisoned for drunken driving when he took the job amounted to a misrepresentation and that this misrepresentation justified the dismissal. The claimant argued that as the employers had never asked about previous convictions, he had no duty to reveal them. Which one of the following was the decision of the court?a. The claimant had not made a misrepresentation because he had no duty to disclose his convictions.B .The claimant had made a misrepresentation because there was a fiduciary relationship between theemployers and the claimant.c. The claimant had made a misrepresentation because he must have known that the employers would Never have given him the job if they had known of his convictions.d. The claimant had made a misrepresentation because his subsequent conviction amounted to a change of circumstances, as in With v Flanagan.2 In Brown v Raphael [1958] 2 All ER 79 (Court of Appeal) the facts of the case were as follows.A buyer bought a trust fund at an auction because the auction particulars stated that the seller did not believe that the fund was subject to estate duty. After buying the fund, the buyer discovered that it was subject to estate duty. The buyer could not easily have discovered this before the sale was made, but the seller should have known it all along. The buyer claimed that the seller’s statement, although only an opinion, implied facts which justified the opinion. In particular he claimed that one of these facts (that the seller had reasonable grounds for believing his opinion to be true) amounted to a misrepresentation. Which of the following was the decision of the court?a. There had been no actionable misrepresentation because the seller’s statement was just an opinion.b. The seller’s statement was an actionable misrepresentation because it implied facts which would justify the seller’s opinion.c. That the fund was not subject to estate duty was a term of the contract because the seller had more knowledge than the buyer.d. The contract would be void for mistake as both parties proceeded on a mistaken assumption about the quality of what was being sold.
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