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Affirmation means that the party seeking relief is aware of the facts which give rise to the right to rescind and that, by words or conduct, he has decided not to exercise that right. Typical examples of affirmation include the situation in which the buyer of goods, after becoming aware of the falsity of a misrepresentation, continues to use them. Similarly lapse of time may be taken as evidence of affirmation as may an agreement to accept a cure of defects in the subject matter of the contract. In Leaf v International Galleries, the plaintiff purchased from the defendant a painting entitled ‘Salisbury Cathedral’ for £85. The defendant had innocently, but falsely, represented that the painting was by John Constable, but, five years after the purchase, it was discovered that this was not the case. The plaintiff sought to return the picture to the defendants and to recover the price he had paid. The Court of Appeal refused to grant rescission of the contract on the ground that the buyer, due to the lapse of time, must be taken to have accepted the goods sold under the contract: Leaf v International Galleries [1950] 2 KB 86, CA, p 89
DOI link for Affirmation means that the party seeking relief is aware of the facts which give rise to the right to rescind and that, by words or conduct, he has decided not to exercise that right. Typical examples of affirmation include the situation in which the buyer of goods, after becoming aware of the falsity of a misrepresentation, continues to use them. Similarly lapse of time may be taken as evidence of affirmation as may an agreement to accept a cure of defects in the subject matter of the contract. In Leaf v International Galleries, the plaintiff purchased from the defendant a painting entitled ‘Salisbury Cathedral’ for £85. The defendant had innocently, but falsely, represented that the painting was by John Constable, but, five years after the purchase, it was discovered that this was not the case. The plaintiff sought to return the picture to the defendants and to recover the price he had paid. The Court of Appeal refused to grant rescission of the contract on the ground that the buyer, due to the lapse of time, must be taken to have accepted the goods sold under the contract: Leaf v International Galleries [1950] 2 KB 86, CA, p 89
Affirmation means that the party seeking relief is aware of the facts which give rise to the right to rescind and that, by words or conduct, he has decided not to exercise that right. Typical examples of affirmation include the situation in which the buyer of goods, after becoming aware of the falsity of a misrepresentation, continues to use them. Similarly lapse of time may be taken as evidence of affirmation as may an agreement to accept a cure of defects in the subject matter of the contract. In Leaf v International Galleries, the plaintiff purchased from the defendant a painting entitled ‘Salisbury Cathedral’ for £85. The defendant had innocently, but falsely, represented that the painting was by John Constable, but, five years after the purchase, it was discovered that this was not the case. The plaintiff sought to return the picture to the defendants and to recover the price he had paid. The Court of Appeal refused to grant rescission of the contract on the ground that the buyer, due to the lapse of time, must be taken to have accepted the goods sold under the contract: Leaf v International Galleries [1950] 2 KB 86, CA, p 89
ABSTRACT
Leaf v International Galleries [1950] 2 KB 86, CA, p 89 Denning LJ: The question is whether the buyer is entitled to rescind the contract on that account. I emphasise that this is a claim to rescind only. There is no claim in this action for damages for breach of condition or breach of warranty. The claim is simply one for rescission. At a very late stage before the country court judge, counsel for the buyer did ask for leave to amend by claiming damages for breach of warranty, but it was not allowed. So, no claim for damages is before us. The only question is whether the buyer is entitled to rescind.
