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William Sindall v Cambridgeshire Country Council

Facts

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

Issue

  • Could the contract be rescinded (claimed)?

Decision

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

Reasoning

  • 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
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