Cancellation

Question 1

Cases for Cancellation by Repudiation (2)

Answer 1

1. Starlight v Lapco (Not repudiated)
2. Oxborough v North Harbour Builders (Not Repudiated)

Question 2

Case for Anticipatory Repudiation

Answer 2

Hochester v De La Tour (Courier Job Cancelled Contract)

Question 3

What does a party need to prove to cancel a contract for misrepresentation?

Answer 3

s37 states a party may cancel a contract if:
1. They have been induced to enter it by misrepresentation (Must be actionable representation)
2. One of four elements are present of essentiality and substantiality (In Act)

Question 4

Case for Essentiality

Answer 4

Young v Hunt (Cafe purchase, not able to cancel) (Wrongful cancellation too)

Question 5

Cases for Substantiality (2)

Answer 5

1. Pearson v Wynn (Horticulture purchase, not fully irrigated, entitled to cancel)
2. Sharplin v Henderson (Orchard boundary misrepresented, entitled to cancel)

Question 6

What sections and case to mention for reliefs available on cancellation for misrepresentation?

Answer 6

s43 Relief
s35 Damages, confirmed in s49
Young v Hunt

Question 7

What case is significant for the 10% rule?

Answer 7

Garratt v Ikeda