Grounds for invalidating a shareholder agreement Safe sex chat

Posted by / 08-Apr-2020 00:15

The insurer commenced proceedings seeking rescission of the settlement agreement (or damages for deceit in the alternative).It alleged that it had been induced to enter into the agreement by the employee’s fraudulent misrepresentations, in the form of statements as to his condition in his pleadings and witness statements.

Two years later, the employee’s neighbours provided the insurer with further evidence indicating that the claim had been dishonestly exaggerated and that the claimant had in fact fully recovered from his injuries over a year prior to the settlement.The County Court set aside the settlement agreement on that basis.It held that, although the evidence indicated that the insurer did not believe the injury claims and strongly suspected exaggeration, the law only required that a party had been “influenced by” a representation in entering a contract.Disagreeing with the lower court, the Court of Appeal held that, for the purpose of establishing reliance, it was not sufficient that a litigant took into account the risk that its opponent’s evidence would be believed by the judge, although it did not itself believe the evidence.Briggs LJ noted that it is an everyday feature of litigation for parties to be “influenced” by their opponent’s factual pleadings in that sense when assessing whether to settle and at what level.

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