Section 2(2) of the Misrepresentation Act (MA) 1967 Provides the Courts

question 1

Multiple Choice

Section 2(2) of the Misrepresentation Act (MA) 1967 provides the courts with the means to award damages in lieu of rescission. Which of the following statements is false?

• A) Damages in lieu of rescission cannot be awarded where the misrepresentation was made fraudulently.
• B) Damages in lieu of rescission cannot be awarded where an innocent third party has acquired property rights in the subject matter of the contract for value.
• C) A court may award a representee damages under section 2(2) simultaneously with an award of damages under section 2(1) MA.
• D) Damages in lieu of rescission are measured according to the moneys-worth of actual rescission of the contract.

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