McIlroy v Hustler [1969] JJ 1181 (23 October 1969)
- Citation
- [1969] JJ 1181
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Civil / Judgment
More details
- Posture
- Civil / Judgment
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Professional case brief
Research organized from the available case record
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
ApplicantHustler
Respondent03
Procedural history
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
Legal principles
- 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
Official court record
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Judgment text
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Court record
Judgment
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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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