Kerr On Fraud And Mistake Including the Law Relating to Misrepresentation Gener

Cover Kerr On Fraud And Mistake Including the Law Relating to Misrepresentation Gener
Kerr On Fraud And Mistake Including the Law Relating to Misrepresentation Gener
William Williamson Kerr
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V. Ford, 33 Ont. L. R. 264.
RESCISSION. 11") an actual shareholder who lias not been himself a party to the false representations, the shares cannot be forced hack on the vendor, nor can the transaction be set aside as between the purchaser of the shares and the company. The purchaser of the shares must seek his remedy in an action against the parties by whose false representations he has been misled (//).
But if the prospectus was in fact intended not merely to induce applicants for shares but
... to induce buyers, then a buyer may sue on the prospectus (gr).
If A. Induce B. By misrepresentation to buy. And B. Sell Sub-sale after . , -, . . . , . ' .. . Misrepresen- without misrepresentation to ( . , an action will not lie by tation!
B. And ('. Against A. To rescind (r).
Where a person who has purchased through misrepresenta- tion resells the property and repeats the misrepresentation to the sub-purchaser, quoere whether the Latter can set aside the original sale without impeaching the sub-sale (s).


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