Sharplin v Henderson | |
Court: | Court of Appeal of New Zealand |
Date Decided: | 28 June 1988 |
Full Name: | Sharplin v Henderson |
Citations: | [1990] 2 NZLR 134 |
Judges: | Cooke P, McMullin J Hardie Boys |
Sharplin v Henderson [1990] 2 NZLR 134 is a cited case in New Zealand regarding the requirement under section 7(4)(b) of the Contractual Remedies Act 1970 that a breach of a contract must be "substantial" for a contract to be cancelled.[1]
Sharplin purchased a Tauranga orchard from Henderson.
After the sale, it was discovered that the real estate agent had misrepresented that 900 trees belonged to the property, representing 25% of the property.
Sharplin sued for misrepresentation.
The misrepresentation was substantial, and relief was granted.