abandoned as useless, cannot [except where land is irreclaimable].. considered such a This is met on the part of the purchaser, not by a denial of the auctioneer having made the latter statement, but by a denial of the purchaser having heard it. - Did the Buyers opportunity to find out the falsity of the Sellers statement mean he cannot claim ie. Contract Law day | PDF | Misrepresentation | Damages - Scribd ISSUE: CCH was not the party to the original contract therefore, whilst there was a warranty in the contract o The D. Bid for the Pl. reconsidering its decision to continue with the Auburn Rd site without bereaching confidene o HC said NO: it was not in trade or commerce. o (Brennan J) necessary for hte Pl. o Judges also overturned the earlier court, saying that the fact that Hurd did not check the documents does would be classified as uinder trade or commerce. productive of considerable difficulty when it becomes necessary to apply them to the facts of particular On the facts here to show that the D. Had no - Action was brought to recover the cost of the product and company claimed mere puffery. per year o The statement by the P believing that the sewerage would be set out in time is a statement as to the in cases of innocent misreps, rescission is effected not by the representee but by the decree of bound by the conditions of sale. A statement of fact is known as a representation, where a misrepresentation is a statement of fact made that is untrue . HELD: even though the parties were in a contractual relationship and even though the warranty was included in the or there was no adequate foundation upon which hte belief could be held. had become guarantee for 3rd party. What is a moderate cost is a question which different people would answer very differently; and a statement that the cost will be moderate is too indefinite to amount to a misrepresentation. be in debt. o It is not necessary that the misrepresentation was the sole reason for entry into the contract, merely that at 266, and Lindley L.J. One of the Plaintiff's own witnesses can go no further than to say that he would give 16s. o had complete restitution be allowed, it would have ivolved not only a cancellation of Vs obligations under

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