Victorian Consolidated Legislation

Fair Trading Act 1999 - SECT 32OA

Rescission for innocent misrepresentation

32OA. Rescission for innocent misrepresentation



(1) If a purchaser enters into a contract of supply of goods after an innocent
misrepresentation is made to the purchaser and, if the misrepresentation had
been fraudulent, the purchaser would have been entitled to rescind the
contract by reason of the misrepresentation, the purchaser may rescind the
contract by notice given to the supplier before, or within a reasonable period
after-

   (a)  in the case of a contract of supply by way of lease, delivery of the
        goods; and

   (b)  in any other case, acceptance of the goods.

(2) Subsection (1) applies whether or not the misrepresentation has become a
term of the contract.