Darryl K
Member rating: No Rating | Words: | Submitted: Mon Apr 24 2006
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Contract Law 14 February 2005 Supervision 6- Essay Q1(a) "To my mind the wording of s.2(2) [Misrepresentation Act 1967] shows clearly enough that the effect of the section is to give the court an alternative to rescission where a right to rescission has been established but the court considers that damages would be a more equitable solution." [Government of Zanzibar v British Aerospace (Lancaster House) Ltd (2000) per HHJ Jack]. Consider the above statement, including the effect that it is likely to have on the calculation of damages under s.2(2) Misrepresentation Act 1967. A brief and cursory reading of the statement would lead one to falsely conclude that based on s.2 (2) of the Misrepresentation Act 1967, the courts have the discretionary ability in choosing between two separate and dissociated remedial alternatives, namely rescission of the contract, that is the setting aside of the agreement, or instead, the awarding of damages to the affected party....

