000 01289cam a2200229 4500
001 ABS66542
008 030404n2003 000 0 eng u
035 _a(Sirsi) u121906
100 _aMurdoch, J.
245 _aWhat's the damage?
260 _c2003
490 _aEstates Gazette
_v(0313) 29 March 2003, 113(1)
520 _aIn the past a party had to prove that fraud had occurred in order to dissolve a contract that had been entered into through misrepresentation or else seek to have the contract cancelled or rescinded. "Pankhania v Hackney LBC" (ChD [2002] PLSCS 262) involving the sale of a valuable development site, has elucidated the reforms introduced by the Misrepresentation Act 1967. The claimants (P) argued that the defendants (H) had misrepresented the status of the National Car Parks (NCP); the judge upheld P's claim that NCP held a lease not a licence as represented by H, overturning the rule that ignorance of the law is no defence. The judge also decided that as rescission would not have been available, there could be no damages either.
590 _aABS
650 _aLANDLORDS
650 _aTENANTS
650 _aMISREPRESENTATION
650 _aMISREPRESENTATION ACT 1967
650 _aPANKHANIA V HACKNEY LBC
690 _aLAW-UK
942 _n0
999 _c72452
_d72452