Jersey Judgment

McIlroy v Hustler [1969] JJ 1181 (23 October 1969)

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Professional case brief

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Source document

01

Holding and result

Rescission for material misrepresentation is not available where the representee did not rely on the representation but instead relied on their own adviser's inquiries, regardless of whether the outcome of those inquiries was communicated before the contract was concluded, provided the representee had the opportunity to discover the outcome.

Court disposition

application for rescission dismissed

02

Material facts

Parties

McIlroy

Applicant

Hustler

Respondent

03

Procedural history

  1. Posture

    Civil / Judgment

04

Questions and positions

Legal issues

Whether rescission is available for material misrepresentation if the representee did not rely on the representation but on their own adviser's inquiries.

Party arguments

Applicant
The applicant sought rescission of the contract on the basis of material misrepresentation.
Respondent
The respondent argued that rescission was not available because the applicant did not rely on the representation but on their own adviser's inquiries.

05

Court’s reasoning

  1. 01

    McIlroy v Hustler [1969] JJ 1181

    No rescission is possible for material misrepresentation if the representee did not rely on the representation but only on their own adviser's inquiries into its truth.

06

Ratio, limits and disposition

Ratio decidendi

Rescission for material misrepresentation is not available where the representee did not rely on the representation but instead relied on their own adviser's inquiries, regardless of whether the outcome of those inquiries was communicated before the contract was concluded, provided the representee had the opportunity to discover the outcome.

Court disposition

application for rescission dismissed

Source and reliance status

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Judgment text

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Source document

Court record

Judgment

[1969] JJ 1181

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BAILII >> Databases >> Jersey Law Reports >> McIlroy v Hustler [1969] JJ 1181 (23 October 1969) URL: https://www.bailii.org/je/cases/JLR/1969/JLR691181.html Cite as: [1969] JJ 1181 [ New search ] [ Help ] McIlroy v Hustler 1969 J. J. 1181 (23 October 1969) Contract-misrepresentation-inquiry by representee-no rescission possible for material misrepresentation if no reliance by representee on representation but only on own adviser's inquiries into its truth-irrelevant that outcome of inquiry not communicated to representee before contract concluded if he had opportunity to discover its outcome The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 1969 J. J. 1181 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1969/JLR691181.html

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