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

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

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.

Citation
[1969] JJ 1181
Parties
Applicant: McIlroy; Respondent: Hustler
Jurisdiction
Jersey
Judgment Date
23 October 1969
Procedural Posture
Civil / Judgment
Outcome
application for rescission dismissed
Legal Topics
Misrepresentation, Rescission, Reliance
Contract Law Misrepresentation Rescission Reliance

Case Brief

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Parties

McIlroy

Applicant

Hustler

Respondent

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether rescission is available for material misrepresentation if the representee did not rely on the representation but on their own adviser's inquiries.

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