 There must be a misstatement of an existing fact, but the state of a man's mind is as much a fact as the state of his digestion.  The Law of Torts - Seite 446von John Frederic Clerk, William Harry Barber Lindsell, Thomas Hollis Walker - 1896 - 733 SeitenVollansicht - Über dieses Buch
 | 1918 - 488 Seiten
...state of a man's mind is as much a fact as the state of his digestion. It is true it is very d fficult to prove what the state of a man's mind at a particular time is, but if it can be ascertained it is as Annotation (continued) — False Pretences (§ I — 6) — Cr. Code sec. 404. much a fact as anything... | |
 | Canada, W. J. Tremeear - 1919 - 1586 Seiten
...483, Bowen, LJ, is reported as follows: — " There must be a misstatement of an existing fact, but the state of a man's mind is as much a fact as the state of his digestion. It is true it is very difficult to prove what the state of a man's mind at a particular time is, but if it can... | |
 | Thomas Moffitt Stevens, Herbert Jacobs - 1920 - 780 Seiten
...of a fraud. A statement of intention is usually not a statement of fact (y), but it may be (z) ; " the state of a man's mind is as much a fact as the state of hia digestion," said BOWEN, LJ (2). It has been questioned whether mere non-disclosure can amount to... | |
 | William Minor Lile - 1921 - 330 Seiten
...material inducement to the other party to enter into a contract in reliance thereon. It may be true that "the state of a man's mind is as much a fact as the state of his digestion," but it is generally not a material fact, for the reasons stated. Hence such statements on the part... | |
 | William George Henry Cook - 1921 - 242 Seiten
...recklessly " (b). In every case this is a question of fact which must be proved. As stated by Bowen, LJ, " The state of a man's mind is as much a fact as the state of his digestion " (c). An honest though dull man cannot be held guilty of fraud any more than of " express malice."... | |
 | Lincoln Frederick Schaub, Nathan Isaacs - 1921 - 872 Seiten
...a false representation as to his existing intention, this should be treated as a statement of fact. "The state of a man's mind is as much a fact as the state of his digestion.'" Accordingly, it is held (except in Pennsylvania), that buyers of goods on credit who intend at the... | |
 | Sir Hugh Fraser - 1921 - 362 Seiten
...or that the intention was not entertained. As Bowen, LJ, observed in Edgington v. Fitzmaurice (n), " the state of a man's mind is as much a fact as the state of his digestion." Non-disclosure when there is no duty to disclose is not fraud. — In Ward v. Hobbs (o), defendant,... | |
 | Henry Roscoe - 1922 - 728 Seiten
...particular act may be a misstatement of fact; Edgington v. Fitzmaurice, 55 LJ Ch. 650; 29 Ch. D. 459; for "the state of a man's mind is as much a fact as the state of his digestion;" Id. per Bowen, LJ See also Levitt v. Hamblet, 70 Ъ. J. К. В. 520, 531 ; Г1901] 2 К. В. 53, 72.... | |
 | Alured Nathaniel Myddelton Wilshere, John Indermaur, Alured Myddelton Wilshere - 1922 - 742 Seiten
...AC, at p. 283; 64 LJPC 54; 74 LT 794. The dictum in Edgington v. Fitzmaurice, 29 Ch. D. 459, that " A state of a man's mind is as much a fact as the state of bis digestion," must be read subject to the qualifications stated in the text. of a system of misrepresentations... | |
 | 1923 - 1634 Seiten
...in an action for deceit. 'There must be,' said Lord Bowen, 'a misstatement of an existing fact, but the state of a man's mind is as much a fact as the state of his digestion. It may be difficult to prove the state of a man's mind at a particular time, but if it can be ascertained,... | |
| |
