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Shen v Ossyanin (no. 2) – Relief granted for a pre-sale mistake as to weathertightness

Parker & Associates - Wednesday, March 18, 2020

The High Court has heard an increasing number of cases in recent years relating to claims in misrepresentation for the sale and purchase of “leaky homes”. Having found in its first judgment in Shen v Ossyanin that the defendant did not misrepresent that the property was a leaky building, the Court invited the parties to make further submissions on a claim in contractual mistake. Shen (no. 2) provides an interesting example of the High Court’s approach to assessing a claim for common mistake, and the use of its discretion to award relief, where a claim in misrepresentation was unsuccessful.

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