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Government of Zanzibar v British Aerospace (Lancaster House) Ltd
''Government of Zanzibar v British Aerospace (Lancaster House) Ltd'' () (EWHC 221 (Comm) ) is an English contract law case, concerning misrepresentation.
==Facts==
The Government of Zanzibar wanted to buy an executive jet from British Aerospace. They entered a contract with a finance company. That company bought the plane and leased it back to the Government. The plane was faulty. It was returned to British Aerospace. It was repaired but the faults continued. The Government stopped paying instalments on the lease agreement. The finance company took possession of the plane and sold it. The Government brought an action against British Aerospace to rescind the contract, or alternatively get damages under MA 1967 s 2(1) or s 2(2). It said representations were made that the plane was airworthy, reliable and without design or construction defects. British Aerospace claimed that counter restitution (i.e. putting the parties back in their original position, giving the jet back) had become impossible now that the finance company sold the jet on. This acted as a bar to rescission, and damages under s 2(2) were precluded if rescission was barred. As for s 2(1), clause 23 of the sale agreement, which said the buyer would not rely on the seller's representations, excluded liability.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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