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)
