Questions 1 Is Redgrave authority for the proposition that contributory negligence is never a defence against fraudulent misrepresentation? Is it a defence against negligent misrepresentation? 2 What if the defendant had not actually counterclaimed for rescission? Could the court have refused the plaintiffs action for specific performance on the basis that the contract was voidable at the defendant’s option (that is, without going to court)?
William Sindall plc v Cambridgeshire CC  1 WLR 1016 Court of Appeal
(See p 484.)
Thomas Bates and Son Ltd v Wyndham’s (Lingerie) Ltd  1 WLR 505
Court of Appeal
This was an action by a landlord for rectification of a lease which, to the
knowledge of the tenant, did not actually reflect what had been agreed
between them during negotiations. The Court of Appeal held that the lease
should be rectified.