Moran v. Orchanda [2000] IEHC 183 (25th May, 2000)

Moran v. Orchanda [2000] IEHC 183 (25th May, 2000)

The vendor acted recklessly in certifying turnover figures without proper records, thus cannot rely on special condition 8 to rescind; the purchaser is entitled to specific performance with an abatement in price under general condition 33.

Citation
[2000] IEHC 183
Parties
Purchaser: Plaintiff; Vendor: Defendant
Jurisdiction
Ireland
Procedural Posture
Contract Dispute / Judgment
Outcome
Specific performance ordered with abatement in purchase price.
Legal Topics
Misrepresentation, Rescission, Specific Performance, Abatement of Purchase Price
Contract Law Property Law Misrepresentation Rescission Specific Performance Abatement of Purchase Price

Case Brief

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Parties

Plaintiff

Purchaser

Defendant

Vendor

Procedural Posture

Contract Dispute / Judgment

Legal Issues

  1. 1 Whether the vendor can rescind the contract under special condition 8 due to misrepresented turnover figures
  2. 2 Whether the purchaser is entitled to an abatement in the purchase price under general condition 33

Ratio Decidendi

The vendor acted recklessly in certifying turnover figures without proper records, thus cannot rely on special condition 8 to rescind; the purchaser is entitled to specific performance with an abatement in price under general condition 33.

Court Disposition

Specific performance ordered with abatement in purchase price.

Orders

  • Specific performance of contract at purchase price of £1,450,000.
  • Abatement of £110,000 from original purchase price.