In a contract for the purchase of airplanes, the plaintiff claimed misrepresentation, and as a result, rescission and damages. The issue was whether, once the right to rescind had been lost, any claim for damages had also lapsed under section 2(2).
Held: The power to award damages was properly an alternative to rescission, which a judge could award where he felt that it was a more equitable solution. As an alternative, it fell with the claim for rescission.
Judges:
Stuart-Smith LJ
Citations:
Times 31-Mar-2000, [1999] 1 Lloyd’s Rep 387
Statutes:
Misrepresentation Act 1967 2(2)
Jurisdiction:
England and Wales
Citing:
Not Followed – Thomas Witter v TBP Industries Ltd ChD 15-Jul-1994
An award of damages for misrepresentation required that there had at some time been a right of rescission, not necessarily a continuing right to rescind.
An acknowledgement of non-reliance clause has become a common part of modern commercial . .
See also – Government of Zanzibar v British Aerospace (Lancaster House) Ltd ComC 26-Jan-2000
The claimant had bought an airplane from the defendant in 1992. It brought an action in misrepresentation. The defendant asked that it be struck out as without chances of success for delay and breach of the court rules.
Held: The court asked . .
Cited by:
Cited – Six Continents Hotels Inc v Event Hotels Gmbh QBD 21-Sep-2006
The claimant had licensed the defendant to use its trademarks in connection with the naming of their hotels in Germany. The defendants failed to pay their fees as agreed, the claimants terminated the license and now sought payment under the . .
Lists of cited by and citing cases may be incomplete.
Contract, Torts – Other, Damages
Updated: 05 May 2022; Ref: scu.90686