In what circumstances will a court allow a purchaser to rescind a contract of purchase of a vehicle that is not a 1950 vehicle?
British Columbia, Canada
The following excerpt is from Kuczerpa v. Jim Pattison Industries, 2000 BCSC 1327 (CanLII):
In O'Flaherty v. McKinlay, supra, the court allowed rescission of the contract of purchase of a vehicle which was described as a 1950 vehicle when in fact it was a 1949 vehicle. In that case the court characterized the innocent misrepresentation as going to the substance of the thing purchased, not just its quality.
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