| Sharplin v Henderson | |
|---|---|
 | |
| Court | Court of Appeal of New Zealand |
| Full case name | Sharplin v Henderson |
| Decided | 28 June 1988 |
| Citation | [1990] 2 NZLR 134 |
| Court membership | |
| Judges sitting | Cooke P, McMullin J Hardie Boys |
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. [1]
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.
The misrepresentation was substantial, and relief was granted.
In common law jurisdictions, a misrepresentation is a false or misleading statement of fact made during negotiations by one party to another, the statement then inducing that other party to enter into a contract. The misled party may normally rescind the contract, and sometimes may be awarded damages as well.
In contract law, rescission is an equitable remedy which allows a contractual party to cancel the contract. Parties may rescind if they are the victims of a vitiating factor, such as misrepresentation, mistake, duress, or undue influence. Rescission is the unwinding of a transaction. This is done to bring the parties, as far as possible, back to the position in which they were before they entered into a contract.
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New Zealand Tenancy Bonds Ltd v Mooney [1986] 1 NZLR 280 is an often cited case regarding misrepresentation and whether the misrepresentation was "essential" in order for a party to be able to cancel the contract under the Contractual Remedies Act 1979.
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Pearson v Wynn (1986) 2 NZCPR 449 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 contract must be "substantial" for a contract to be cancelled.
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Sharplin is a surname. The Concise Oxford Dictionary of Family Names in Britain states that its origin is "unexplained", and that there were 71 holders of the name, in London and Essex, in the 1881 United Kingdom census.