If, after discovery of the whole of the material facts giving him a right to avoid the contract1, the representee2 has, by word or act3, definitely elected to adhere to it4, the representor5 has a complete defence to any proceedings for rescission6. The acts and conduct relied on as showing the representee's affirmation of the contract must be such as are more consistent, on a reasonable view of them, with that than with any other theory7. It is not sufficient to point to
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and millions of others like it, sign-in to LexisLibrary or register for a free trial.
EXISTING USER? SIGN IN
TAKE A FREE TRIAL
0330 161 1234