Lloyd's Law Reports

Professor Robert Merkin KC; Dr Johanna Hjalmarsson

Document

SKIPSKREDITTFORENINGEN v. EMPEROR NAVIGATION

[1998] 1 Lloyd's Rep. 66

QUEEN’S BENCH DIVISION(COMMERCIAL COURT)

Before Mr. Justice Mance

Contract - Misrepresentation - Set-off - Arguable case - Loan agreement for refinancing and purchase - Defendants failed to pay instalments - Allegations that loan induced by misrepresentation entitling defendant to rescind or claim damages - Whether arguable - Whether mortgagees in breach for failing to accept favourable sale opportunities -Whether set-off available to defendants.

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