Whittington v Seale-Hayne [1900] 82 LT 49

Whittington (W) leased an estate from Seale-Hayne (S) under S’s innocent misrepresentation that the estate was sanitary, when in fact it wasn’t and W’s stock died, his manager was made ill (costing medical bills) and a new sanitary system had to be put in.

Court allowed recission of the lease and indemnity-based recovery (i.e. costs associated with rescission. However W couldn’t recover reliance-based losses for lost stock, profits or medical bills.

• CW: these could now be recovered under s.2(1) of the act unless Defendant could show that the representation was innocently and reasonably made.