William Sindall v Cambridgeshire Country Council


  • The claimant purchased some land after being reassured that the land was free from underground piping
  • A pipe was found – an old sewer


  • Could the contract be rescinded (claimed)?


  • No, damages under s 2(2) of the Misrepresentation Act awarded instead


  • Ask whether rescission is appropriate, look at losses incurred on both sides due to the misrepresentation, financially adjust under s 2(2)
  • The land value had decreased substantially, so it would be unjust to rescind for a minor issue where rescission would cost the vendor disproportionately more than the rectification of the issue
RELATED CASE  The Eugina [1964]

Posted in Contract Law Revision Notes.

This page was last updated on 27th April 2014

© 2020 Webstroke Law - Terms and Privacy Policy