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Part VI Other Bars, 27 Bars for Non-Fraudulent Misrepresentation

Dominic O’Sullivan

From: The Law of Rescission (3rd Edition)

Dominic O'Sullivan KC, Steven Elliott KC, Rafal Zakrzewski

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 27 February 2024

Subject(s):
Termination/unwinding of contract — Contract and transfer of title — Passing of property

This chapter focuses on the four bars for non-fraudulent misrepresentation. Innocent misrepresentation had been recognized as a ground for rescission, but it has a special potential to cause prejudice and disrupt settled expectations. The chapter acknowledges the lack of uniformity in principles applied in England and other jurisdictions such as New Zealand, Australia, and Canada. It looks into the nature of the bar in line with transferring titles to either real property or personal property. Moreover, incorporation was known to merge the representation into a higher contractual right that extinguished the claim to rescind. The chapter also covers the bar on rescinding the contract for the sale of goods.

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