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Walsh v Kerr - [1989] 1 NZLR 490

$30.00

Court of Appeal Wellington
1 May; 7 June 1989
Cooke P, Somers and Hardie Boys JJ
Contract — Damages — Assessment — Measure of damages in contract for misrepresentation — Assessment in absence of precise evidence of value of loss — Hotel had been purchased subject to a lease on the representation that performance of the tenant's obligations was fully guaranteed by a substantial public company — After settlement, purchaser ascertained that the guarantee had been varied to release the guarantor if the lease was assigned to an acceptable assignee — Whether quantum should be increased — Contractual Remedies Act 1979, s 6. — No appeal from High Court Judge's finding that innocent misrepresentation had induced entry into contract (see [1987] 2 NZLR 166) - Purchaser appealed against Judge's award of $10 damages

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