0

As I didn't understand Longmore LJ's quotation below, I consulted another textbook that paraphrased it. Can you please show the steps for re-writing Longmore LJ's quotation into O'Sullivan's? Viz. how can you transmogrify

a representor should be in no worse position than if the representation had become a term of the contract

into

the misrepresentation regime should not give greater protection to a purchaser than if the statement had been incorporated as a term of the contract

?

Context

      In many situations, rescission will not be an available remedy after the lapse of a long period of time because it will be impossible to put the parties back into their original positions, but this was not an obstacle to rescission in Leaf. It is suggested that the Court of Appeal in Leaf was overly influenced by the fact that rescission would have been hard on the defendant. In principle, rescission ought to have been possible. Indeed, in Salt v Stratstone Specialist Ltd,69 the Court of Appeal doubted whether Leaf could still be good law. Longmore LJ said:70

It must, moreover, be remembered that Leaf was decided well before the Misrepresentation Act was passed. It must be doubtful whether since the enactment of section 1 it is still good law that a representor should be in no worse position than if the representation had become a term of the contract, particularly if the representor takes no steps to prove that he was not negligent. In all the circumstances, it does not seem to me that lapse of time on its own can be a bar to rescission in this case.

69 [2015] EWCA Civ 745; see Chapter 16.4.4.1. 70 Salt v Stratstone Specialist Ltd, [34]–[35]. See too at [42]–[50] (Roth J).

JC Smith's The Law of Contract 2021 3 ed, p 422.

9.42 [. . .] Recently the Court of Appeal in Salt v Stratstone Specialist Ltd (2015) has pointed out that Leaf is out of date—it reflected the principle that the misrepresentation regime should not give greater protection to a purchaser than if the statement had been incorporated as a term of the contract, and at the time the Sale of Goods Act provided that a purchaser would be deemed to have accepted the goods if he did not reject them within a reasonable time.

Janet O'Sullivan, Law of Contract (2020 9 ed), p 242.

1
  • 3
    I think that this should probably be asked on the Law SE site, because Legal English is practically a language to itself only barely related to everyday English.
    – nick012000
    Apr 9 at 6:55

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Browse other questions tagged or ask your own question.