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

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

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.

Citation
[1977] JLR 111
Parties
Plaintiff: Channel Hotels & Properties; Defendant: Rice
Jurisdiction
Jersey
Judgment Date
25 October 1977
Procedural Posture
Civil / Judgment
Outcome
Damages for innocent misrepresentation may be permitted unless inequitable after affirmation and lapse of time bar rescission.
Legal Topics
Misrepresentation, Innocent Misrepresentation, Damages, Rescission, Affirmation
Contract Law Misrepresentation Innocent Misrepresentation Damages Rescission Affirmation

Case Brief

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Parties

Channel Hotels & Properties

Plaintiff

Rice

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether damages are available for innocent misrepresentation under Jersey law
  2. 2 Whether affirmation of contract and lapse of time bar rescission and affect the availability of damages

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.