and award damages in lieu of rescission, but s.2(3) prevents the award of double damages.

* Fraudulent misrepresentation is defined in the 3-part test in Derry v Peek whereby a defendant is fraudulent if he:
:(i) knows the statement to be false, or
:(ii) does not believe in the statement, or
:(iii) is reckless as to its truth.

::Remedy: The misled party may rescind and claim damages for all directly consequential

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