Скачать или смотреть Gross v Lewis Hillman Ltd (Equity acts in personam)

In this equity case, the court confirmed that equitable remedies act in personam: they cannot be effectively on-sold or assigned to someone else, because they bind the consciences of the parties personally.

Having said that, this is a bit of a troubling case. Even setting aside the fact that the first instance judge seems to have mucked the facts up, I still wonder why there was no claim for negligent mis-statement? This was 6 years after Hedley Byrne v Heller established that cause of action. Also, why did Gross not just rescind her contract with Grace Rymer for innocent misrepresentation, then let THEM sue for fraudulent misstatement? I guess we'll never know.

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