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