摘要:The question can be easily put: Is a representee entitled to rescind an executed contract for an innocent misrepresentation? Where the contract relates to the conveyance of land, the answer is clear: the contract can only be rescinded if the misrepresentation is fraudulent. The authority for this undisputed proposition is Wilde v Gibson. Surprisingly, in most Australian jurisdictions, the answer to the question in relation to other kinds of contracts is not so simple.
关键词:contract law; rescission; innocent misrepresentation; Seddon v The North Eastern Salt Co Ltd