ABSTRACT

Lapse of time The right to rescind will be lost if the representee does not act within a reasonable time.38 However, this bar may not apply in the case of fraudulent misrepresentation.39 Delay will not normally act as a bar where the representee is ignorant of the truth and, therefore, of his or her right to rescind. However, it will still be a factor to be taken into account and, in Leaf v International Galleries,40 the right to rescind was barred by five years’ delay, even though the representee did not discover the truth until shortly before the proceedings.