Question
Referring to the reported cases, consider briefly whether the remedy of rescission is available in the case below: Solly is the owner of Continental Restaurant
Referring to the reported cases, consider briefly whether the remedy of rescission is available in the case below:
Solly is the owner of Continental Restaurant which o which overlooks a small dam. He advertises the restaurant for sale and Haste comes to inspect it with a view to buying. Haste says 'I am prepared to offer you R1 500 000.' Solly who needs more than this, decides to try and persuade Haste to offer more. He says to Haste 'Look this is no ordinary restaurant. Our customers include the president. With the liquor licence attaching to the premises you can hold moonlight parties alongside the take. It's a real bargain at 2 million.' This speech tips the balance in Haste's mind and he buys at the asking price of R2 million. When he takes over the restaurant, he discovers that the president only previously visited on one occasion, and that nearly all the restaurant's business is done during the day so regular patrons have no interest in holding parties next to the dam.
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