Whittington v Seale-Hayne (1900) 82 LT 49 is an English contract law

English contract law

English contract law is a body of law regulating contracts in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the industrial revolution, it shares a heritage with countries across the Commonwealth , and the United States...

 case concerning misrepresentation

Misrepresentation in English law

Misrepresentation in English law is an area of English contract law, which allows a person to escape a contractual obligation or claim compensation for losses. If one person can show that she entered an agreement because of another person's false assurances, then the other person will be unable to...

. It holds that

Facts

Mr Whittington bred prize poultry. He bought a long farm lease, induced by Seale-Hayne’s representation that the premises were sanitary and in good repair. But the water supply was poisoned, Mr Whittington’s manager got very ill and the poultry died. Under the lease, Mr Whittington had covenanted to carry out repairs required by the council, and these were needed after the council declared the premises unfit for habitation and the drains needed renewing. It was undisputed that Whittington was entitled to indemnity for rates paid or repairs costs. Whittington sought rescission and indemnity for loss of poultry, profits and medical expenses.
Whittington v. Seale Hayne

Judgment

Farwell J held no further losses could be claimed because it was beyond the ambit of the indemnity to which Mr Whittington was entitled. These losses did not result in a benefit to Seale. Since the representation was non-fraudulent, there could be no damages and therefore no compensation either. It was not the case that the rescinder should be in a position status quo ante because ‘to make good by way of compensation for the consequences of the misrepresentations is the same thing as asking for damages.’

Significance

There would now be a common law claim under Hedley Byrne or under s 2(1) Misrepresentation Act 1967

Misrepresentation Act 1967

Misrepresentation Act 1967 is an Act of the Parliament of the United Kingdom, which regulates English contract law and unjust enrichment, so far as relevant for misrepresentations.-Section 1:-Section 2:...

for damages.