Full case name Sharplin v Henderson Decided 28 June 1988 | Citation(s) [1990] 2 NZLR 134 | |
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Judge(s) sitting Cooke P, McMullin J Hardie Boys Ruling court Court of Appeal of New Zealand | ||
Sharplin v Henderson [1990] 2 NZLR 134 is a cited case in New Zealand regarding the requirement under section 7(4)(b) of the Contractual Remedies Act 1970 that a breach of a contract must be "substantial" for a contract to be cancelled.
Contents
Background
Sharplin purchased a Tauranga orchard from Henderson.
After the sale, it was discovered that the real estate agent had misrepresented that 900 trees belonged to the property, representing 25% of the property.
Sharplin sued for misrepresentation.
Held
The misrepresentation was substantial, and relief was granted.
References
Sharplin v Henderson Wikipedia(Text) CC BY-SA