Sharplin v Henderson

Sharplin v Henderson
Court	Court of Appeal of New Zealand
Full case name	Sharplin v Henderson
Decided	28 June 1988
Citation	[1990] 2 NZLR 134
Court membership
Judges sitting	Cooke P, McMullin J Hardie Boys

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.[1]

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

1. Chetwin, Maree; Graw, Stephen; Tiong, Raymond (2006). An introduction to the Law of Contract in New Zealand (4th ed.). Thomson Brookers. pp. 276–277, 283. ISBN 0-86472-555-8.