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- Could the contract be rescinded (claimed)?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
Posted in Contract Law Revision Notes.
This page was last updated on 27th April 2014