The question can be easily put: Is a representee entitled to rescind an executed contract for an innocent misrepresentation? Where the contract relates to the conveyance of land, the answer is clear: the contract can only be rescinded if the misrepresentation is fraudulent. The authority for this undisputed proposition is Wilde v Gibson. Surprisingly, in most Australian jurisdictions, the answer to the question in relation to other kinds of contracts is not so simple.
MacFarlane, Peter and Willmott, Lindy
"Rescission of an Executed Contract at Common Law for an Innocent Misrepresentation,"
Bond Law Review:
1, Article 4.
Available at: http://epublications.bond.edu.au/blr/vol10/iss1/4