Jacara Pty Ltd v Perpetual Trustees WA Ltd (2000) 106 FCR 51

Facts: The plaintiff (Pl) and defendant (D) entered a contract to lease a space in a shopping centre. Pl argued D had made a misrepresentation as to profitability (expected number of customers etc) to induce entry. D denied the misrepresentation. Pl attempted to adduce evidence that D’s agent made similar representations to other prospective tenants (i.e. ran a tendency argument that D had a propensity to make misrepresentations to induce tenants). 

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