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Misrepresentation – Damages. The claimant claimed misrepresentation and rescission in respect of the purchase of a car from the defendant. The Court of Appeal, Civil Division, dismissed the defendant's appeal against the judge's finding that the claimant was entitled to rescind the contract and recover the purchase price. In the circumstances, the claimant was entitled to rescind the contract. If it was right that rescission should (still) be the normal remedy for misrepresentation, unless restitution was truly impossible, the claimant should be able to recover the purchase price. Lapse of time on its own could not be a bar to rescission in the present case.
Misrepresentation – Damages. The claimant claimed misrepresentation and rescission in respect of the purchase of a car from the defendant. The Court of Appeal, Civil Division, dismissed the defendant's appeal against the judge's finding that the claimant was entitled to rescind the contract and recover the purchase price. In the circumstances, the claimant was entitled to rescind the contract. If it was right that rescission should (still) be the normal remedy for misrepresentation, unless restitution was truly impossible, the claimant should be able to recover the purchase price. Lapse of time on its own could not be a bar to rescission in the present case.
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