chapter  5
40 Pages

Presentation of the Risk and Good Faith

See Arnould, 16th edn, §626. Cf Arnould, 17th edn, §§17.108-17.111. 27. The Marine Insurance Act 1906 does not state that inducement or reliance is necessary for avoidance for

misrepresentation. In Cantiere Meccanico Brindisino v Janson [1912] 3 KB 452, 460, Vaughan Williams LJ cites the judgment of Scrutton J in the court below to the effect that it is sufficient to avoid a contract for misrepresentation that ‘‘the statement was in fact made, and it was untrue, and that it was not necessary that the underwriter should have relied on it, and the learned judge in my opinion had present to his mind all the provisions of [MIA 1906,] s.20’’. However, the passage does not appear in any of the reports of Scrutton J’s judgment and the current view is that inducement is necessary. Cf the Misrepresentation Act 1967, s.2(1), imposing prima facie liability for damages for misrepresentation without proof of fault but allowing the representor to escape liability by disproving negligence.