Question
Dr Anson decides to sell his private medical practice. In May, Dr Chitty expresses an interest in purchasing the business and negotiations begin. Dr Anson,
Dr Anson decides to sell his private medical practice. In May, Dr Chitty expresses an interest in purchasing the business and negotiations begin. Dr Anson, in the course of the negotiations, tells Dr Chitty that 'everything is splendid at the moment. I have more work than I could possibly want' and that his practice would be 'an excellent opportunity for a young doctor such as yourself'. Dr Anson offers to show Dr Chitty the accounts, which show a profit of 80,000 per annum, but Dr Chitty is so impressed that he decides not to bother. He is relieved to hear that Dr Anson is planning to retire, as he knows him to be popular with his patients. He asks, however, for more time to consider his position. Dr Anson (falsely) tells him that he has two more doctors coming to visit the practice the next day and he fully expects one of them to make him an offer. This prompts Dr Chitty to offer the full asking price immediately, which Dr Anson accepts. Having operated the practice for six months, it becomes clear to Dr Chitty that there is no way the practice could possibly have shown a profit of 80,000 per annum. His own accountant examines the accounts and informs him that the sum was greatly exaggerated. He has also found out that, having taken a round-the-world cruise, Dr Anson plans to set up a private medical practice nearby and has already been contacting his former patients to inform them of this fact. Dr Chitty fully expects many of his patients to move to Dr Anson's practice and, if this occurs, his accountant informs him that the practice will no longer be financially viable. Analyse the situation above based on Mistake and Misrepresentation.
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