17 Feb 2010
DRAPER AND ANOR V PEGASUS TOWN LIMITED HC CHCH CIV-2008-009-003823
- Citation
- openlaw-ab8efdb6_67fa_46af_99b5_bcb348880754.pdf
- Court
- High Court
Promotional material and the agent's assurances, in context, amounted to actionable misrepresentations or half‑truths because defendant knew of Transit bypass proposals and failed to disclose them; s4 of the Contractual Remedies Act rendered contractual exclusion clauses inapplicable on these facts; plaintiffs reasonably relied and were induced to contract; therefore they were entitled to cancel and recover the deposit with interest; defendant had no arguable defence and summary judgment was appropriate.