The defendant argued for rescission of a shipbuilding contract for misrepresentation.
Held: Rescission in the general law of contract is by act of the innocent party operating independently of the court. When a contract is avoided the remedies are restitutionary.
Judges:
Lord Atkinson
Citations:
[1923] AC 773
Jurisdiction:
England and Wales
Cited by:
Cited – Halpern and Another v Halpern and others ComC 4-Jul-2006
The court considered whether a party can avoid a contract procured by duress in circumstances where he cannot offer the other party substantial restitutio in integrum.
Held: Unless the claimant could offer counter-restitution, the remedy of . .
Lists of cited by and citing cases may be incomplete.
Contract
Updated: 10 May 2022; Ref: scu.244665