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Abstract

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 Where the contract relates to the conveyance of land, the answer is clear: the contract can only be rescinded if the misrepresentation is fraudulent.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.

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