A tax invoice signed by a company director, provided in the context of a transaction requiring proof of title flow, constitutes a representation that title has passed. Where the director knows the invoice is to be used to demonstrate title flow for financing purposes, and one item listed was never owned by the issuing company, the invoice is misleading or deceptive. Reliance and causation are established where the invoice was expressly sought and used for the purpose of proving title flow to a lender, even if the decision to enter the transaction had already been made in principle, because the commitment was conditional upon actually acquiring title.
The full text is available to signed-in members.