ND v BC [2022] NZDT 128 (15 August 2022) [pdf, 160 KB]
...panel beater would have been intended to avoid any problems with the sale. Avoiding the issue was therefore an inducement that the contract proceeds with the expectation on ND’s part that the truck was in good condition. Cleary this is a material matter in the purchase of the van. I therefore find there would have been a misrepresentation in the circumstances. [22] The principle of damages if a misrepresentation is proven is to place the innocent party in the position as if the repr...