Home

CHAPTER 10

THE GRAVY TRAIN

10.3.6Exposure to Unreasonable Risk with No Object to be Attained
Print

Notwithstanding Irish Life’s breach of their duty to disclose following from the Uberima Fides nature of the contract, once again, it is their breach of duty to disclose following from their duty of care that affords the better remedy. Irish Life have, through their tied agent, First National, conveyed information to my wife and I regarding the Endowment Mortgage, the Repayment Mortgage and the Comparison between these Mortgages. They are therefore burdened with a duty of care.


------------------------------------------------------------------------


The failure of Irish Life to disclose the material fact, that the odds of achieving Bonus (knowledge within their command) were stacked heavily Against my wife and I, constitutes a breach of their duty of care owed to us. They failed to apply their skill and knowledge having due regard to the interest of my wife and I.


They exposed us to an unreasonable Risk of financial harm with No Object WHATSOEVER (i.e. No corresponding Reward) to be attained.



Such conduct constitutes Negligent Misrepresentation.


(See Section 2.3.3: Negligent Misrepresentation , and Section 2.3.4: The Duty to Disclose and Silence as a Misrepresentation, (a) Where a Fiduciary Relationship or a Special Relationship exists. See also Section 2.8.1: The Right to Revoke the Contract , and Section 2.8.3: The Measure of Damages as a result of a successful Action based on the Common Law liability under Negligent Misrepresentation.)

 

BUT, again, the issue of a deliberate breach of duty of care comes to the fore.

There were no mere oversights here!

There were no 'inadvertent errors' here!


What transpired was deliberate from the outset. It therefore transcends Negligence.

It was Absolute Fraud, and nothing less.

 

(See Conlon v Simms in Section 2.3.4 (a): The Duty to Disclose and Silence as a Misrepresentation — Where a Fiduciary Relationship or a Special Relationship exists. See also Section 2.3.2: Fraudulent Misrepresentation and Section 2.8.2: The Measure of Damages as a result of a successful Action based on the Common Law liability under Fraudulent Misrepresentation.)

 

Copyright © 2013, 2014 John O'Meara. All Rights Reserved.