MISREPRESENTATION IN MARRIAGE

• Date: 06 February 2019

"It follows that even if there was a misrepresentation i.e. if the 2nd defendant had represented that she was married to the appellant when she could not be, such a misrepresentation can only ground relief in law if it was material in the sense that the other party was influenced by it in entering into the contract. It should have operated on the mind of that other party making him enter into the transaction, which is sought to be avoided. See: Jennings v. Brougham (1853) 5 De GM & 9126; Smith v. Chadwick (1884) 9 App Cas. 187; Locker and Woolf Ltd. v. Western Australian Insurance Co. (1936) 1 K.B. 408, 414...