Ware v Johnson - [1984] 2 NZLR 518

Contract — Breach of contract — Latent defect — Misrepresentation — Implied term — Mistake — Negligence — Damages — Defendants had developed a property into a kiwifruit orchard and sold it to the plaintiffs — Kiwifruit plants failed to grow — Plaintiffs alleged representation by defendants that orchard would produce its first crop in two years — Plaintiffs also claimed that the kiwifruit plants had been destroyed by a non-selective herbicide sprayed by defendants — Whether defendants were liable in contract and/or tort — Assessment of damages — Contractual Mistakes Act 1977, s 6(1)(a)(ii) - Contractual Remedies Act 1979, s 6.