Government of Zanzibar v British Aerospace [2000]

Facts

  • The Government of Zanzibar purchased a plane from the defendant via ¬†finance company
  • The plane was defective, so the Government of Zanzibar stopped paying instalments and the plane was sold on by the finance company

Issue

  • Could the Government of Zanzibar rescind the contract due to its misrepresented defects?

Decision

  • No

Reasoning

  • Discretionary damages under s 2(2) of the Misrepresentation Act cannot be awarded where rescission is barred (due to the selling on of the plane)
RELATED CASE  Nichols v Jessup [1986, New Zealand]

Posted in Contract Law Revision Notes.

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