Australian Capital Territory Current Acts

CIVIL LAW (WRONGS) ACT 2002 - SECT 173

    (1)     This section applies if—

        (a)     a person enters into a contract after a misrepresentation is made to the person; and

        (b)     the person would be entitled to rescind the contract without claiming fraud if 1 or more of the following matters ( former bars ) did not apply:

              (i)     the misrepresentation has become a term of the contract;

              (ii)     the contract has been performed;

              (iii)     a conveyance, transfer or other document has been registered under a territory law or a law of the Commonwealth, a State or another Territory because of the contract.

    (2)     The person may rescind the contract even though 1 or more of the former bars apply.

    (3)     This section is subject to the following sections:

              •     section 175 (Damages instead of rescission for misrepresentation)

              •     section 176 (3) (Exclusion clauses—misrepresentation).