158 FRAUDULENT CONTRACTS. 



Plugging, &c. For instance, tlie practice of Plugging, ^'C, or perhaps 

 the artificially filling up a Sandcrack (//) or Thrush (/) 

 (such devices being, without doubt, used to deceive the 

 purchaser) would each be a sufficient ground for an action 

 for Deceit ; because a man may act a Lie or Frnudulent 

 Representation without speaking a word, and .the injury 

 under such circumstances would be Damage as the result 

 of a Fraudulent Bej) re sent at ion coupled with dealing. Thus 

 where a Ship was sold " witli all her Faults,^'' but means 

 had been taken Fraudulentlii to conceal some Defects in 

 her bottom, the vendor was held liable {j). 



But where animals are sold "with all Faults," it makes 

 no difference whether the sale takes place in a public market 

 or privately, provided that there is no fraudulent repre- 

 sentation. The mere exposure for sale of animals in a 

 public market is not evidence of fraudulent representation. 

 Ward V. Thus, in Ward v. Hobhs (/.•) the defendant sent for sale, to 



Hobbs. a public market, pigs which he knew to be infected with 



a contagious disease ; they were exposed for sale subject 

 to a condition that no Warranty would be given, and no 

 compensation would be made in respect of any fault. No 

 verbal representation was made by or on behalf of the 

 defendant as to the condition of the pigs. The plaintiff, 

 having bought the pigs, put them with other pigs, which 

 became infected ; some of the pigs bought from the de- 

 fendant, and also some of those with which they were put, 

 died of the contagious disease. The plaintiff having sued 

 to recover damages for the loss which he had sustained, 

 the Court of Appeal held (reversing the judgment of the 

 Queen's Bench Division), that, although the defendant 

 might have been guilty of an offence against the Con- 

 tagious Diseases (Animals) Act, 1869, he was not liable to 

 the plaintiff, for that his conduct in exposing the pigs for 

 sale in the market did not amount to a representation that 

 they were free from the disease. 

 Contractmade Fraud does not make a contract void, but only voidable, 

 voidable by ^^ ^|^g election of the party defrauded, who has the option 



(/() Sandcrack, ante, p. 101. reversing judgment of Queen's 



(J) Thrush, ante, p. 108. Bench Division, L. R., 2 Q. B. D. 



\j) Schneider v. Hetith, 3 Camp. 331 ; 46 L. J., Q. B. 473; 37 L. T., 



508 ; and Jones v. Bright, 3 M. & N. S. 511 ; 25 W. R. 585; affirmed 



p. 175. by the House of Lords, L. E.., 4 



'ik) Ward V. Hobbs, L. R., 3 Q. B. App. Cas. 13; 48 L. J., Q. B. 281; 



D.150; 47L.J.,Q.B.90; 37L.T., 40 L. T., N. S. 73; 27 W. R. 114. 



N. S. 654; 26 W. R. 151— C. A., 



