Jersey Judgment

Channel Hotels & Properties v Rice [1977] JLR 111 (25 October 1977)

Contract Law Misrepresentation Innocent Misrepresentation Damages Rescission Affirmation

Citation: [1977] JLR 111
Status: Judgment
Jurisdiction: Jersey
Posture: Civil / Judgment

More details

Posture: Civil / Judgment

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Professional case brief

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Source document

Holding and result

Damages for innocent misrepresentation may be awarded in Jersey law unless it would be inequitable, particularly where the plaintiff has affirmed the contract and rescission is barred by lapse of time.

Court disposition

Damages for innocent misrepresentation may be permitted unless inequitable after affirmation and lapse of time bar rescission.

Material facts

Parties

Channel Hotels & Properties

Plaintiff

Rice

Defendant

Procedural history

Posture

Civil / Judgment

Questions and positions

Legal issues

01
Whether damages are available for innocent misrepresentation under Jersey law
02
Whether affirmation of contract and lapse of time bar rescission and affect the availability of damages

Party arguments

Applicant: Plaintiff seeks damages for innocent misrepresentation after affirming the contract and after a lapse of time.
Respondent: Defendant contends that affirmation and lapse of time bar rescission and may make damages inequitable.

Court’s reasoning

Legal principles

01
[1977] JLR 111

Damages may be permitted for innocent misrepresentation in Jersey law unless it would be inequitable, especially after affirmation and lapse of time bar rescission.

Ratio, limits and disposition

Ratio decidendi

Damages for innocent misrepresentation may be awarded in Jersey law unless it would be inequitable, particularly where the plaintiff has affirmed the contract and rescission is barred by lapse of time.

Court disposition

Damages for innocent misrepresentation may be permitted unless inequitable after affirmation and lapse of time bar rescission.

Source and reliance status

Official court record

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Judgment text

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Court record

Judgment

[1977] JLR 111

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