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The scales of justice on a plain background

Leaf v International Galleries

1950 · [1950] 2 KB 86

Posted By lanbuk.com

Facts
A buyer bought a painting said to be by Constable. Five years later he found it was not, and sought .
Issue
Could he rescind for after so long?
Held
No. The Court of Appeal held that his right to rescind was lost through lapse of time.
Principle
Delay can bar rescission.
Why it matters
It illustrates the bars to equitable relief.

Words and Latin in this note

Misrepresentation
A false statement of fact, made before the contract, which induced the other party to enter it. The contract may be rescinded, and damages may follow. Open the note.
Rescission
Setting a voidable contract aside, so that the parties are put back, as far as possible, where they were before it. Open the note.

For study only. By lanbuk.com. Always check current sources and consult a qualified professional.