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Breach of Representation

Forums › Ask ACCA Tutor Forums › Ask the Tutor ACCA LW Exams › Breach of Representation

  • This topic has 1 reply, 2 voices, and was last updated 7 years ago by MikeLittle.
Viewing 2 posts - 1 through 2 (of 2 total)
  • Author
    Posts
  • December 29, 2017 at 1:40 pm #426723
    humai
    Participant
    • Topics: 757
    • Replies: 248
    • ☆☆☆☆☆

    Sir

    1)In breach of representation innocent party can claim
    a) Recession of contract + damages
    Or
    b) Only damages

    Correct?

    2)In breach of term (condition) innocent party can claim
    a) Termination of contract + damages
    Or
    b) Only damages

    Correct?

    3)In breach of representation can innocent party claim only recession of contract with NO damages?
    4)In breach of condition can innocent party claim only termination of contract with NO damages?

    December 29, 2017 at 3:16 pm #426742
    MikeLittle
    Keymaster
    • Topics: 27
    • Replies: 23327
    • ☆☆☆☆☆

    First two questions already answered on 27 December at 18.30

    (and your typing of question 2 is not correct)

    3) Why would you? You are asking stupid questions here! Think about being the victim of a mis-representation … why would you ask for rescission (NOT recession!) and not also ask for damages

    4) I suppose you could claim only termination of contract with no claim for damages … but why would you? I cannot begin to think of a combination of circumstances where the victim of a breach of condition would ask for termination with no claim for damages!

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  • The topic ‘Breach of Representation’ is closed to new replies.

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