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Law and Sea.
Frustration as an implied term

Traditional justification for the implication of terms is that the court is giving effect to the presumed intention of the parties on its view of the reasonable expectations of the parties to the transaction.

Representation Addressed to Another
Last updated: 06-Oct-2014

Per Parke B. in Langridge v Levy (1837) 2 M. & W. 519:

…if it [an instrument, a tool, etc., a gun in this case] had been delivered by the defendant to the plaintiff, for the purpose of being so used by him, with an accompanying representation to him that he might safely so use it, and that representation had been false to the defendant’s knowledge, and the plaintiff had acted upon the faith of its being true, and had received damage thereby, then there is no question but that an action would have lain, … if, instead of being delivered to the plaintiff immediately, the instrument had been placed in the hands of a third person, for the purpose of being delivered to and then used by the plaintiff, the like false representation being knowingly made to the intermediate person to be communicated to the plaintiff, and the plaintiff had acted upon it, there can be no doubt but that the principle would equally apply, and the plaintiff would have had his remedy for the deceit.

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