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Editing Contracts/Misrepresentation
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Sometimes, third party rights may intervene and render rescission impossible. Say, if A misleads B and contracts to sell a house to him, and B later sells to C, the courts are unlikely to permit rescission as that would unfair impinge upon C. | Sometimes, third party rights may intervene and render rescission impossible. Say, if A misleads B and contracts to sell a house to him, and B later sells to C, the courts are unlikely to permit rescission as that would unfair impinge upon C. | ||
Under [[Misrepresentations Act 1967]] s. 2(2) of the Misrepresentation Act 1967, the [[court]] has discretion to award damages instead of [[ | Under [[Misrepresentations Act 1967]] s. 2(2) of the Misrepresentation Act 1967, the [[court]] has discretion to award damages instead of [[rescission]], "if of opinion that it would be equitable to do so, having regard to the nature of the misrepresentation and the loss that would be caused by it if the contract were upheld, as well as to the loss that rescission would cause to the other party." | ||
===Damages=== | ===Damages=== |