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United Kingdom misrepresentationpre employment disclosurenon disclosure

Cheltenham BC v Laird

[2009] EWHC 1253 (QB); [2009] IRLR 621
JurisdictionUnited Kingdom
CourtHigh Court of Justice, Queen's Bench Division
Year2009
StatusPersuasive authority

Key Principle

Answers given by a job applicant in a pre-employment medical questionnaire can constitute representations inducing the employment contract, but the questionnaire is to be construed objectively through the eyes of a reasonable lay person in the applicant's position, and liability for fraudulent or negligent misrepresentation requires the answers to be both false and made fraudulently or negligently on that construction.

Area of Law

General case law

Related Cases

Cukurova Finance International Ltd v Alfa Telecom Turkey Ltd [2009] UKPC 19
Transfield Shipping Inc v Mercator Shipping Inc [2008] UKHL 48; [2009] 1 AC 61
Wilson v Secretary of State for Trade and Industry [2004] 1 AC 816

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