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Whittington v Seale-Hayne

[1900] 82 LT 49

Case summary last updated at 02/01/2020 15:11 by the Oxbridge Notes in-house law team.

Judgement for the case Whittington v Seale-Hayne

 W leased an estate from S under S’s innocent misrepresentation that the estate was sanitary, when in fact it wasn’t and W’s stock died, his manager was made ill (costing medical bills) and a new sanitary system had to be put in. Court allowed recission of the lease and indemnity-based recovery (i.e. costs associated with rescission. However W couldn’t recover reliance-based losses for lost stock, profits or medical bills. CW: these could now be recovered under s.2(1) of the act unless D could show that the representation was innocently and reasonably made. 

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