Reese River Silver Mining Co Ltd v Smith: HL 1869

Rescission for misrepresentation is always the act of the party (representee) himself.
The fact that a person’s name continues to remain on a company’s register as member does not mean that it should have done so under the provisions of the Articles.
An election or decision to rescind, in order to be effective, must be exercised unequivocally, ‘in the plainest and most open manner competent’.

Judges:

Lord Hatherley LC

Citations:

(1869) LR 4 HL 64

Jurisdiction:

England and Wales

Cited by:

CitedCar and Universal Finance Company Ltd v Caldwell CA 19-Dec-1963
The defendant had sold a car, taking as payment a cheque which was dishonoured; the plaintiffs later bought the car in good faith.
Held: The defendant was entitled to return of the car, even though the original purchaser had disappeared, and . .
Lists of cited by and citing cases may be incomplete.

Contract, Company

Updated: 11 May 2022; Ref: scu.466387