570 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
authorised agent of his to the Plaintiff or some one on his behalf.
(ii) With the intention that the Plaintiff should act upon the faith of the statement.
and
(iii) The Plaintiff does act upon the faith of the statement.
§ Statement must amount to representation.
(1) Representation may be by word or by conduct,
A. If it is by word it may be active misrepresentation made deliberately with a knowledge of their falsehood.
Illus.-
McCance vs. London and Nother Western Railway Co.,
(1861)7 H. & N. 477.
M entered into a contract with the Railway Co., to carry his horse in trucks which should be reasonably fit and proper for the carriage of horses from Edge Hill near Liverpool, to Wolverhampton. The Railway agreed to provide trucks which should be reasonably fit and proper.
M filled in a declaration form in which he stated that the value of a horse did not exceed £10 per horse. Under the system followed by the Railway there were modes of transporting horses. One was to send them in trucks allowing the owner to place as many horses as he liked in each truck. The other was to send them in horse boxes, each horse being placed in a separate stall. The rate of carriage by the latter mode being three times as much as when carried by the former mode. There was a further rule that the Railway would take horses above the value of £10 in trucks.
In transit some horses were injured owing to the defective state of the trucks provided by the Railway. The damage sustained by M on the basis that the value of each horse was £10 came to £25 which amount the Railway Company was agreeable to pay as they admitted that the trucks were defective. The Plaintiff claimed that the real value of a horse was £40 and the damages came to £55.
This is a case of active misrepresentation.