Scarfe v Walton [1964] JJ 387 (24 June 1964)
A purchaser who fails to act as a reasonably prudent purchaser to ascertain the true boundaries of land cannot rescind the contract for innocent misrepresentation.
- Citation
- [1964] JJ 387
- Parties
- Purchaser: Scarfe; Vendor: Walton
- Jurisdiction
- Jersey
- Judgment Date
- 24 June 1964
- Procedural Posture
- Civil / Judgment
- Outcome
- claim dismissed
- Legal Topics
- Misrepresentation, Rescission, Boundaries of Land
Case Brief
Summary, issues, holding and outcome
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Parties
Scarfe
Purchaser
Walton
Vendor
Procedural Posture
Civil / Judgment
Legal Issues
- 1 Whether a purchaser is entitled to rescind a contract for innocent misrepresentation when the purchaser failed to take reasonable precautions to discover the true boundaries of the land
Ratio Decidendi
A purchaser who fails to act as a reasonably prudent purchaser to ascertain the true boundaries of land cannot rescind the contract for innocent misrepresentation.
Court Disposition
claim dismissed
Full Case Text
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