Bank of Ireland v Smith and Others

JurisdictionIreland
Judgment Date03 October 1966
Date03 October 1966
Docket Number[1961. No. 546.]
CourtHigh Court
(H.C.)
Bank of Ireland
and
Smith and Others

Mortgage suit - Misdescription in advertisement - Representation or warranty.

An advertisement of land for sale in Court in a mortgage suit erroneously stated that portion of the lands was sown with barley and undersown with permanent pasture. This statement was made honestly but mistakenly by the auctioneers who were the agents for the vendors, the second, third and fourth-named defendants, the parties having carriage of the sale. Held by Kenny J. 1, that...

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11 cases
  • Blackall v Blackall
    • Ireland
    • High Court
    • June 6, 2000
    ...DANIELL CHANCERY PRACTICE 7ED V1 415, 716–717 & 904–905 SUDGEN VENDOR & PURCHASER 109 AG V DAY 1749 1 VES SEN 218 BANK OF IRELAND V SMITH 1966 IR 646 BANK OF IRELAND V WALDRON 1944 IR 30 DALBY V PULLEN 1831 RUSS & M 296 BANNISTER, IN RE: BROAD V MUNTON 1879 12 CH D 131 HALSBURYS LAWS OF EN......
  • McAnarney v Hanrahan
    • Ireland
    • High Court
    • January 1, 1994
    ....v. JOHN HANRAHAN AND OTHERS Defendants Citations: HADLEY BYRNE & CO LTD V HELLER & PARTNERS LTD 1964 AC 465 BANK OF IRELAND V SMITH 1966 IR 646 MCGREGOR ON DAMAGES 15ED PARAS 1718, 1724 & 1939 FORDE V WHITE & CO 1964 1 WLR 885 DOYLE V OLBY IRONMONGERS 1969 2 QB 158 Synopsis: DAMAGES As......
  • T.E. Potterton Ltd v Northern Bank Ltd
    • Ireland
    • High Court
    • January 1, 1993
    ...S79(2) HARTS LAW OF BANKING 4ED 340 HALSBURY'S LAWS 4ED V2 PARA 163 BANK OF ENGLAND V VAGLIANO BROS 1891 AC 107 BANK OF IRELAND V SMITH 1966 IR 646 HEDLEY BYRNE & CO LTD V HELLER & PARTNERS LTD 1964 AC 465 ROBINSON V NATIONAL BANK OF SCOTLAND 1916 SC 154 MCMAHON & BINCHY IRISH LAW OF TORT......
  • Ward v McMaster and Others
    • Ireland
    • Supreme Court
    • May 10, 1988
    ...Byrne & Company Ltd. v. Heller & Panners Ltd. [1964] A.C. 465; [1963] 3 W.L.R. 101; [1963] 3 All E.R. 575. Bank of Ireland v. Smith [1966] I.R. 646; (1966) 102 I.L.T.R. 69. Dorset Yacht Co. Ltd. v. Home Office [1970] A.C. 1004; [1970] 2 W.L.R. 1140; [1970] 2 All E.R. 294. Keane v. Electrici......
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1 firm's commentaries
  • The Scope Of Negligent Misstatement
    • Ireland
    • Mondaq Ireland
    • July 4, 2017
    ...was particularly relevant to the present case. Quoting extensively from Hedley Byrne and Kenny J. in Bank of Ireland v Smith & Ors [1966] I.R. 646, he said it is clear that, at least at the outset, the approach to any disclaimer in negligent misstatement was to view it as a piece of evi......