Title

Misrepresentation and Contractural Estoppel: The Raiffeisen Clarifications: Raiffeisen Zentralbank Osterreich AG v Royal Bank of Scotland plc [2010] EWHC 1392 (Comm)

Publication Type

Journal Article

Publication Date

3-2011

Abstract

Misrepresentation continues to be one of the most commonly pleaded vitiating factors. When such a plea is made, the representor’s reply has often been that there is a contractual clause which affects the matter at hand, and the legal inquiry turns to whether the clause excludes liability for misrepresentation and, if so, whether it is reasonable. In recent times, a somewhat surprising argument has surfaced – that the clause estops any allegation of misrepresentation. Such estoppel takes two forms. The first – estoppel by representation – is a reasonably well-established doctrine. The second – contractual estoppel – is a recent and controversial concept, and has been gaining judicial support. But the application of the doctrine of contractual estoppel raises serious questions and doubts. This case note considers how and the extent to which Mr Justice Clarke’s judgment in Raiffeisen Zentralbank Osterreich AG v Royal Bank of Scotland [2010] EWHC 1392 (Comm) provides the clarification much needed in this area.

Discipline

Asian Studies | Commercial Law

Research Areas

Commercial Law

Publication

Singapore Academy of Law Journal

Volume

23

Issue

1

First Page

390

Last Page

408

ISSN

0218-2009

Publisher

Singapore Academy of Law

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