SQE Daily.

Court's discretion to award damages in lieu of rescission (Misrepresentation Act 1967 s.2(2))

In May 2026 Harrowby Print Ltd bought a used printing press for £85,000 from Selwyn Graphics Ltd. Before the sale, Selwyn's manager told Harrowby the press had been made in 2019. He honestly believed this, relying on the manufacturer's service records, which turned out to contain a clerical error. The press was in fact made in 2018. It works perfectly and its value is only about £2,000 lower than that of a 2019 model. Harrowby discovered the truth two weeks after delivery, at once asked to rescind, and has since issued proceedings claiming rescission. No bar to rescission has arisen.

Which of the following best describes the court's powers in Harrowby's claim?

Choose one answer to see the reasoning.

  1. Contract · FLK1No. 45

    Damages for negligent misrepresentation and the reverse burden of proof (Misrepresentation Act 1967 s.2(1))

    Which of the following best describes Tom's position if he claims damages under the Misrepresentation Act 1967?

  2. Contract · FLK1No. 31

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    Which of the following best describes the effect of clause 9 under the Unfair Contract Terms Act 1977?

  3. Contract · FLK1No. 17

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