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Whittington v Seale-Hayne [1900]

Facts

  • Whittington purchased a poultry farm based on a representation that the farm was sanitary and in good condition

Issue

  • Could the contract be rescinded where the farm was not sanitary and in good repair?

Decision

  • No, but an indemnity was awarded

Reasoning

  • An indemnity allows for consequential losses to be compensated for, not due to the misrepresentation, which did not give rise to a cause of action. Costs were awarded for repairs to the farm, profit and rent.
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