BU & SI v UQ & CQ [2024] NZDT 811 (20 December 2024) [pdf, 99 KB]
...the party suffering the loss is entitled to claim the damages in the same manner and to the same extent as if the representation were a term of the contract that has been breached. 10. In Overton Holdings Ltd v APN New Zealand Ltd1, the Court of Appeal said that a representation can be implied in the circumstances. However, the courts will be slow to imply in representations where doing so would infringe on the principle of caveat emptor (let the buyer beware). Therefore, the starting...