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''Howard Marine and Dredging Co Ltd v A Ogden & Sons (Excavations) Ltd'' () QB 574 is an English contract law case, concerning misrepresentation. It explains the test of "reasonable grounds for belief" under the Misrepresentation Act 1967 s 2(1), and raises the issue of the reasonableness test under s 3. ==Facts== Ogden Ltd wanted to hire some barges in order to dump excavated clay at sea. Mr O’Loughlin, Howard Marine Ltd’s employee, told Mr Redpath, Ogden Ltd’s employee that their German built barges could carry 1600 tonnes (deadweight, rather than cubic capacity). This was based on the Lloyd’s Register for barges. Unfortunately and unusually the Lloyd's Register was incorrect. The true capacity was 1055 tonnes. Mr O’Loughlin was aware that the German shipping documents stated the correct figure of 1055 tonnes. But he preferred the Lloyd’s Register. The charterparties (a contract for the hire of a ship) said Ogden Ltd’s acceptance of the barges showed they were in every way satisfied. When the barges proved to be insufficient for the job, Ogden Ltd refused to pay the full price. Howard Marine Ltd terminated the agreement and sued for the outstanding payments. Ogden Ltd counterclaimed for, *breach of collateral warranty *breach of duty under s 2(1) MA 1967 *negligent misrepresentation under ''Hedley Byrne'' Howard Marine Ltd argued they had reasonable grounds to believe their false statement, because the Lloyd's Register was the ‘bible’. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Howard Marine and Dredging Co Ltd v A Ogden & Sons (Excavations) Ltd」の詳細全文を読む スポンサード リンク
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