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Senanayake v Cheng: PC 1966

A representee, to whom a fraudulent misrepresentation had been made was ‘entitled to make all inquiries and to endeavour to learn all the facts.’
In a claim for rescission in equity for innocent misrepresentation, the questions are ‘whether restitutio in integrum is substantially possible and whether rescission is timely and just and fair’.

Citations:

[1966] AC 63, [1965] 3 All ER 296

Cited by:

CitedFiona Trust and Holding Corp and others v Privalov and others ComC 20-Oct-2006
The parties disputed whether their claim should be arbitrated.
Held: A claim as to whether the contract itself had been made was not one which could be arbitrated by provisions in that contract. It does not arise ‘under’ the contract. The . .
Lists of cited by and citing cases may be incomplete.

Equity

Updated: 01 May 2022; Ref: scu.245563

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