William Sindall plc v Cambridgeshire CC
William Sindall plc v Cambridgeshire CC
- 1994
- All England Law Reports 1994 3 All ER 932-963(30) .
CA 21 May 1993. In 1989 developer S purchased a piece of land from C. Contract of sale incorporated the National Conditions of Sale (20 ed). Pre-contractual enquiries did not reveal any easements or public rights of way. In 1990, a public sewer was discovered on the site. S`s claim for rescission of contract on grounds of misrepresentation and common mistake was allowed by CC ordering C to repay the purchase price with interest exercising a discretion under Misrepresentation Act 1967 s2(2) not to award damages in lieu of rescission. On appeal, claim for rescission dismissed.
COMMON MISTAKE
CONTRACT
CONVEYANCING
DUTY TO DISCLOSE
MISREPRESENTATION
PRE-CONTRACT ENQUIRIES
RESCISSION
SALE OF LAND
SEWER
TRANSFER OF LAND
VENDOR AND PURCHASER
CA 21 May 1993. In 1989 developer S purchased a piece of land from C. Contract of sale incorporated the National Conditions of Sale (20 ed). Pre-contractual enquiries did not reveal any easements or public rights of way. In 1990, a public sewer was discovered on the site. S`s claim for rescission of contract on grounds of misrepresentation and common mistake was allowed by CC ordering C to repay the purchase price with interest exercising a discretion under Misrepresentation Act 1967 s2(2) not to award damages in lieu of rescission. On appeal, claim for rescission dismissed.
COMMON MISTAKE
CONTRACT
CONVEYANCING
DUTY TO DISCLOSE
MISREPRESENTATION
PRE-CONTRACT ENQUIRIES
RESCISSION
SALE OF LAND
SEWER
TRANSFER OF LAND
VENDOR AND PURCHASER