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

Question 8

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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