Howard Marine v Ogden [1978]

Defendant chartered two barges from defendant.
In course of negotiations, plaintiff had represented
to defendants that barges had a certain payload.
Payload in fact less.
Court of Appeal reluctant to decide that circumstances
were such as to impose a duty of care in negligence at common law.
But found plaintiff liable under s2(1), since this
sub-section does not require special relationship or special skill and does not
depend on representor being under duty of care which may vary according to circumstances.
s2(1) imposes absolute obligation not to state facts
which representor cannot prove it had reasonable ground to believe were true.
Burden therefore lies on representor and not, as at common
law, on representee.

May be heavy burden to discharge.