A Regency Drama: Misrepresentation By Appearance, Reduction And Restitutio In Integrum

This article examines (i) whether the mere appearance of goods can constitute an actionable misrepresentation, and (ii) whether restitutio in integrum following avoidance of a contract should continue to be viewed as a contractual matter, rather than as an aspect of unjustified enrichment. The discussion is set within the context of the recent decision in Lyon Turnbull v Sabine [2012] CSOH 178.This article examines (i) whether the mere appearance of goods can constitute an actionable misrepresentation, and (ii) whether restitutio in integrum following avoidance of a contract should continue to be viewed as a contractual matter, rather than as an aspect of unjustified enrichment. The discussion is set within the context of the recent decision in Lyon Turnbull v Sabine [2012] CSOH 178.