Tutorial Question

Tom runs a large cattle property in the Hunter Valley. He is nearing retirement and decides to sell the property to Hunter Cattle Pty Ltd, a local cattle producer. Fred who is negotiating the sale on behalf of Hunter Cattle in their discussions asks Tom how many Brahman cattle his property could carry. Tom replied that he thought it could carry 4,000 head of cattle. Tom had never run Brahman cattle on the property.

After Hunter Cattle bought Tom's farm they found that it was not suitable for Brahman cattle and the most head of cattle the property would carry was 1,500.

Hunter Cattle sought to rescind the contract because of Tom's misrepresentation. During the course of the proceedings evidence was discovered that Hunter Cattle had obtained a consultant's report warning Hunter Cattle that the property was not really suitable for Braham cattle and the most Brahman stock it could carry was 1,500.

Advise the parties whether the court would order rescission of the contract.

Really appreciate it.