|Thompson v Vincent|
|Court||Court of Appeal of New Zealand|
|Full case name||Thompson v Vincent|
|Decided||21 June 2001|
|Citation(s)|| 3 NZLR 355|
|Judge(s) sitting||McGrath, Ellis and McGechan JJ|
Thompson v Vincent  3 NZLR 355 is a cited case in New Zealand confirming that where a party has cancelled a contract on unjustifiable grounds, can legally cancel the contract if justifiable grounds are later discovered.
New Zealand is a sovereign island country in the southwestern Pacific Ocean. The country geographically comprises two main landmasses—the North Island, and the South Island —and around 600 smaller islands. It has a total land area of 268,000 square kilometres (103,500 sq mi). New Zealand is situated some 2,000 kilometres (1,200 mi) east of Australia across the Tasman Sea and roughly 1,000 kilometres (600 mi) south of the Pacific island areas of New Caledonia, Fiji, and Tonga. Because of its remoteness, it was one of the last lands to be settled by humans. During its long period of isolation, New Zealand developed a distinct biodiversity of animal, fungal, and plant life. The country's varied topography and its sharp mountain peaks, such as the Southern Alps, owe much to the tectonic uplift of land and volcanic eruptions. New Zealand's capital city is Wellington, while its most populous city is Auckland.
A contract is a legally binding agreement which recognises and governs the rights and duties of the parties to the agreement. A contract is legally enforceable because it meets the requirements and approval of the law. An agreement typically involves the exchange of goods, services, money, or promises of any of those. In the event of breach of contract, the law awards the injured party access to legal remedies such as damages and cancellation.
The Thompsons were developing a 22-24 unit motel complex. Prior to construction, the Vincents entered into a sale and purchase agreement for the motel, giving them a 20-year lease for $500,000.
A lease is a contractual arrangement calling for the lessee (user) to pay the lessor (owner) for use of an asset. Property, buildings and vehicles are common assets that are leased. Industrial or business equipment is also leased.
Within two years of ownership, the Vincents abandoned the motel and their lease.
Soon after the abandonment, the Vincents discovered that the vendors only had planning consent for only 12 units, and not 24. They then used this as a basis for a claim for misrepresentation, in an effort to get their money back under the Contractual Remedies Act 1979.
A concept of English law, a misrepresentation is an untrue 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.
The Contractual Remedies Act 1979 is a statute of the New Zealand Parliament. It provides remedies in respect of misrepresentation, repudiation or breach of contract in New Zealand
The court awarded them $320,000 in damages for the misrepresentation.
The Thompson submachine gun is an American submachine gun invented by John T. Thompson in 1918 which became infamous during the Prohibition era, being a signature weapon of various crime syndicates in the United States. It was a common sight in the media of the time, being used by both law enforcement officers and criminals. The Thompson submachine gun was also known informally as the "Tommy Gun", "Tôm Sông", "Annihilator", "Chicago Typewriter", "Chicago Submachine", "Chicago Piano", "Chicago Style", "Chicago Organ Grinder", "Drum Gun","The Chopper", and simply "The Thompson".
Aoraki / Mount Cook, often referred to as Mount Cook Village, is located within New Zealand's Aoraki/Mount Cook National Park at the end of State Highway 80, only 15 kilometres (9.3 mi) south of the summit of the country's highest mountain, also called Aoraki / Mount Cook, in the Southern Alps.
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.
Motel Hell is a 1980 American horror comedy film directed by Kevin Connor and starring Rory Calhoun, Nancy Parsons, and Nina Axelrod. The plot follows farmer, butcher, motel manager, and meat entrepreneur Vincent Smith, who traps travelers and harvests them for his human sausages.
Vincent Aviation was an airline based in Wellington, New Zealand. It operated air charter, freight and subcontract flights with a hub at Wellington International Airport. It was founded by Peter Vincent in 1992. On 28 May 2014 the Australian business was placed into receivership. On 24 October 2014 the New Zealand division was placed into receivership.
Bisset v Wilkinson  AC 177 is a leading contract law case from New Zealand on the issue of misrepresentation. The case establishes that a mere misstatement of opinion given fairly cannot amount to a misrepresentation.
Gordon v Selico (1986) 18 H.L.R. 219 is an English contract law on the subject of misrepresentation by action. It was held that positive actions - in this case, the concealment of dry rot - could amount to operative misrepresentations.
Redgrave v Hurd (1881) 20 Ch D 1 is an English contract law case, concerning misrepresentation. It holds that a contract can be rescinded for innocent misrepresentation, even where the representee also had the chance to verify the false statement.
Scottish Inns is a motel chain in the United States. It is a brand of Hospitality International.
Wakelin v R H & E A Jackson LTD (1984) 2 NZCPR 195 is an often cited case of the High Court of New Zealand regarding misstatements. The judgement ruled that merely being silent on an important fact can be construed as a misstatement in itself.
Young v Hunt  2 NZLR 80 is a case that establishes in New Zealand case law that a contract can not simply be cancelled due to misrepresentation, unless that misrepresentation was a breach of an "essential" term of the contract.
New Zealand Tenancy Bonds Ltd v Mooney  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.
Gallagher v Young  1 NZLR 734 is a cited case in New Zealand regarding relief under the Contractual Remedies Act 1979 where a contract is repudiated by one of the parties.
M E Torbett Ltd v Keirlor Motels Ltd 1 NZBLC 102,079 is a cited case in New Zealand regarding fraud being a factor in determining whether an exclusion clause is enforceable under the Contractual Remedies Act .
Jolly v Palmer  1 NZLR 658 is a cited case in New Zealand regarding the legal enforcebility of a contract where there is a breach of a stipulation.
Mercurius Ventures Ltd v Waitakere City Council  2 NZLR 495 is a cited case in New Zealand regarding whether a contract illegal under law, can be subsequently validated under the Illegal Contracts Act 1970.
Donnelly v Westpac Banking Corp (1999) 6 NZBLC 102,781 is a cited case in New Zealand confirming that where a party has cancelled a contract on unjustifiable grounds, can legally cancel the contract if justifiable grounds are later discovered.
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 a contract must be "substantial" for a contract to be cancelled.
Sharplin v Henderson  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.