446. Contractual right to rescind.

No right to rescind exists except where there is a vitiating element in the contract or the contract contains an express term giving the right to rescind which will specify the circumstances in which the right is to operate and the parties' rights and obligations in the event of rescission taking place1. A contractual right to rescind may be appropriate where the contract is conditional on the fulfilment of a condition2.

Under the Standard Conditions of Sale3, the right to rescind is available:

  1.  

    (1)     for misrepresentation4;

  2.  

    (2)     where a required consent to let, assign or sublet has not been provided5;