ABDUL RAZAK DATUK ABU SAMAH V. SHAH ALAM PROPERTIES SDN BHD & ANOTHER APPEAL
- Citation
- ABDUL RAZAK DATUK ABU SAMAH V. SHAH ALAM PROPERTIES SDN BHD & ANOTHER APPEAL
- Court
- Malaysian court
Where a higher court has ordered rescission for fraudulent misrepresentation, damages must be assessed on the rescission/deceit basis (not on breach of contract); recoverable are expenditures reasonably and properly incurred in consequence of the misrepresentation (including interest paid), while losses attributable to performance of the contract (appreciation, lost rent) are damages for breach and are not recoverable; s.74 Contracts Act 1950 is inapplicable to deceit-based damages.