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Sharplin v Henderson

Sharplin v Henderson [1990] 2 NZLR 134 is a cited case in New Zealand regarding the requirement under section 7(4)(b) of the Contractual Remedies Act 1970 that a breach of a contract must be "substantial" for a contract to be cancelled.

Background

Sharplin purchased a Tauranga orchard from Henderson.

After the sale, it was discovered that the real estate agent had misrepresented that 900 trees belonged to the property, representing 25% of the property.

Sharplin sued for misrepresentation.

Held

The misrepresentation was substantial, and relief was granted.

References