Innocent misrepresentation
Innocent misrepresentation
Real World
In Whittington v Seale-Hayne (1900), a landlord innocently represented a farm as sanitary; the tenant could rescind but could not recover all losses because the representation was innocent, not fraudulent.
Exam Focus
Note that rescission is the primary remedy; damages under s.2(2) are discretionary — examiners expect you to flag the court's discretion to award damages in lieu.
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