Victorian Current Acts

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AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 - SECT 24

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.



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